The Family Court will investigate,
upon application of the party concerned, to see if an obligation is performed, and if not, admonish and facilitate the other party (obligor) to perform it.
In case the obligation is not performed,
upon application of a party, the Family Court may issue a performance order if the obligation is concerning property rights.
Although the general procedure (dealt in the District Court) of compulsory execution is available for the enforcement of performance of obligations decided upon or agreed upon in the disposition of family affairs cases, the Family Court has power to take,
upon application of a party (obligee), certain measures for ensuring the performance of such obligations.
(1) Where,
upon the application of a party for recognition of an arbitral award, the DIFC Court decides that the award shall be recognised, it shall issue an order to that effect.
The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own initiative or
upon application of a party, to reopen the proceedings at any time before the award is made.
The arbitral tribunal may modify, suspend or terminate an interim measure it has granted,
upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.
Upon application of a party, the Court shall determine what is the marital property and shall provide for an equitable distribution of the marital property between the parties in accordance with the provisions of this section.
Despite anything contained in this Part, if a divorce order has been made in relation to a marriage, the court may, at any time before the order takes effect,
upon the application of the parties to the marriage, rescind the divorce order on the ground that the parties have become reconciled.
Not exact matches
Low closing costs is based
upon analysis
of application, appraisal, and origination fees for competing U.S. lenders as compiled by an independent third
party research firm on a quarterly basis.
In addition, we may share your information with third
parties if we receive other notices regarding violations
of our Terms
of Use or other user's rights (including communications about content stored on or transmitted through the Sites or the
Applications) For notices other than DMCA Infringement Notifications and Counter Notices,
upon request, we will edit out your name and contact information.
AGREEMENT DURATION This agreement will begin
upon our acceptance
of your affiliate
application and will end when terminated by either
party.
I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC
of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue to rely
upon the
application and financial statement and the representations made herein as a true and accurate statement
of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation to make whatever credit inquiries / background checks it deems necessary in connection with this
application and financial statement.nI / we authorize and instruct any person or consumer reporting agency to furnish to BSHFC any information that it may have to obtain in response to such credit inquiries.nIn consideration
of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the
parties hereto have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course
of its business operations, Baby Safe Homes provides its customers products and services which, by nature
of the business, include trade secrets, confidential and proprietary information, and other matters deemed material or important enough to warrant protection; and WHEREAS, Applicant, by reason
of his / her interest in Baby Safe Homes and in the course
of his / her duties, has access to said secrets and confidential information; and WHEREAS, Baby Safe Homes has trade secrets and other confidential and proprietary information, including procedures, customer lists, and particular desires or needs
of such customers to which Applicant has access in the course
of his / her duties as an Applicant.nNow, therefore, in consideration
of the premises contained herein, the
parties agree as follows Applicant shall not, either during the time
of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit
of any other person or entity, any trade secrets or other confidential or proprietary information obtained by Employee by virtue
of his / her employment with Baby Safe Homes, in any manner whatsoever, any such information
of any kind, nature, or description concerning any matters affecting or relating to the Baby Safe Homes business, or in the business
of any
of its customers or prospective customers, except as required in the course
of his / her employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period
of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt to divert or take away and, during the stated period following termination
of employment, call
upon or solicit, or attempt to call
upon or solicit, any
of the customers or patrons Baby Safe Homes including, but not limited to, those
upon whom he / she was directly involved, or called
upon, or catered to, or with whom became acquainted while engaged in the franchise evaluation process
of a Baby Safe Homes franchise business.
Upon receipt
of an
application for the registration
of a political
party, the Electoral Commission shall deal with the
application in accordance with this Part and determine whether the
party can be registered.
«In this
application, if one carefully considers the reliefs sought by the first interested
party at the high court, it becomes abundantly clear that the court was never called
upon to interpret article 94 (1)(a)
of the constitution.
Low closing costs is based
upon analysis
of application, appraisal, and origination fees for competing U.S. lenders as compiled by an independent third
party research firm on a quarterly basis.
However, in order to improve
upon the estimation methods for this sector, an understanding
of the reporting problems and interpretation and
application of the Guidelines by
Parties with regard to the sub-categories in land - use change and forestry would be useful.
(4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the
parties have failed to enter into a collective agreement within 15 months from the date
of such appointment, the Minister may,
upon the joint request
of the
parties, again appoint a conciliation officer to confer with the
parties and endeavour to effect a collective agreement, and,
upon the appointment being made, sections 19 to 36 and 79 to 86 apply, but the appointment is not a bar to an
application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit.
(9) Where an employer is a
party to or is bound by two or more collective agreements and it appears that the description
of the bargaining unit in one
of the agreements conflicts with the description
of the bargaining unit in the other or another
of the agreements, the Board may,
upon the
application of the employer or any
of the trade unions concerned, alter the description
of the bargaining units in any such agreement as it considers proper, and the agreement or agreements shall be deemed to have been altered accordingly.
Basically, facts that are not in dispute (either because the
parties agree
upon them or because
application of the law to the facts dictates a particular result) are presented to the court, and then the court must decide if the case can move forward.
In a relatively rare consideration
of the impact
of Art 8
upon financial provision, Peter Hughes QC sitting as a deputy High Court judge in M v M [2006] All ER (D) 58 (Jun) considered the impact
of an
application for disclosure from a third
party and set out some useful guidance on the basis that Art 8 reinforced the principle that an order for disclosure was an intrusion into an individual's privacy that was oppressive and unwarranted unless it could be shown to be both necessary and proportionate to the issues in the case.
Cs made their claim and in doing so, relied
upon the commentary in Volume 38 (2)
of the Encyclopaedia
of Forms & Precedents that states the inclusion
of a «call - in» clause should at least be considered in any case other than: «the very simplest cases such as an
application for change
of use or for the carrying out
of relatively minor building operations where... it is unlikely that the grant
of planning permission would be challenged by third
parties by way
of judicial review....»
The human rights aspect
of the case will be governed by whether or not the third
party applied themselves to a disclosure
application and
upon the relevance criteria contained within the Magistrate's Court Act 1980, s 97 and the Criminal Procedure (Attendance
of Witnesses) Act 1965, s 2 (as amended) in the Crown Court.
The Court further relied on what it called a «somewhat relaxed» burden
of proof in asbestos cases, thereby minimizing the argument that evidence relied
upon by the
parties would become stale over the passage
of time, another policy reason behind the
application of statutes
of repose.
28 The
parties agree that the Commission may, within thirty days,
upon application by the Crown or the judges» associations made within ten days after the delivery
of its recommendations and report pursuant to paragraph 15, subject to affording the Crown and the judges» associations the opportunity to make representations thereupon to the Commission, amend, alter or vary its recommendations and report where it is shown to the satisfaction
of the Commission that it has failed to deal with any matter properly arising from the inquiry under paragraph 13 or that an error relating to a matter properly under paragraph 13 is apparent on the report, and such decision is final and binding on the Crown and the judges» associations, except those related to pensions.
Such
application are not yet legal in the sense that no court
of law or judicial or legal body has vetted or approved such use as legally relevant, let alone legally binding
upon any third
party or government agency.
(a) The Centre may appoint the second arbitrator
upon the
application of either
party pursuant to Rule 16.
The report by the trial Judge to the Chief Justice may also be made either suo motu by the trial Judge or
upon application by any
of the
parties.
Section 20 (1)
of the Workers» Compensation Law provides that a hearing «shall» be ordered «
upon application of either
party.»
In the subject case on the Landlord's original
application for a declaration that the lease be at an end
upon the expiry
of the initial term, it was found that due to circumstances as outlined above, the lease was uncertain as to a material term (the rental rate) and as such the
parties were left without an enforceable agreement.
This power
of the Chief Justice may be exercised by her either suo motu, or
upon a report made to her by the trial Judge, or by an
application to her by any
of the
parties or persons interested in the matter.
Therefore,
upon application of either
party, the trier
of fact may consider as a deviation factor the ultimate tax effect
of the calculation.
In Atkinson v Atkinson [1995] 2 FCR 353 Thorpe J (as he then was), on an
application by a husband to vary a wife's periodical payments to a nominal sum as a result
of her cohabitation said: «Cohabitation was not to be equated with marriage, although it was nevertheless a relevant factor, having a bearing
upon the financial circumstances
of the
parties, particularly
upon the assessment
of the financial needs.»
Lord Rodger relied
upon Bankovic v Belgium (
Application 522507 / 99)(2001) 11 BHRC 435, where the Grand Chamber
of the European Court
of Human Rights (ECtHR) held at para 65 that the scope
of Art 1 is «determinative
of the very scope
of the contracting
parties» positive obligations and, as such,
of the scope and reach
of the entire convention system
of human rights» protection» and «article 1
of the convention must be considered to reflect this ordinary and essentially territorial notion
of jurisdiction, other bases
of jurisdiction being exceptional and requiring special justification in the particular circumstances
of each case».
Investigations and Law Enforcement — Selected Duties & Responsibilities Build and implement investigations programs and security solutions to enable effective organizational administration, threat detection / elimination, conflict / issue resolution, and other critical discovery functions Utilize various technical
applications, including cameras, A / V equipment, transmitters, recorders, and bugs, to generate valuable information and isolate
parties responsible for criminal and civil malfeasance Create issue and security reports to enable development
of new policies and procedures aimed at preventing further wrongdoing and protect valuable resources team Integrate investigative principles into corporate strategic mission, ensuring management and program accountability, proactive prevention
of discrimination, case efficiency, and legal analysis Perform security and crime analyses
of firm infrastructure against related compliance requirements as well as on - going vulnerability assessments to continuously mitigate risk Develop investigatory standard documents to serve as guide and rules resources to promote fair and legal probes Supervise related departmental staff, including performance plan development and assessment, technical oversight, personnel recruitment and training, staff discipline, and other pertinent functions Work as a member
of the corporate incident response team in the execution
of all related tasks, including incident response plan development, damage minimization, resource restoration, and firm integrity protection Communicate all issues and user feedback to members
of management, law enforcement professionals, and other interested
parties, generating situational reports and follow - up recommendations based on investigatory results Maintain a strong working knowledge
of all software, hardware,
applications, techniques, trends and other critical tools which aid in effective investigation React quickly based
upon limited and confidential information, drawing
upon extensive police and military experience in tense, complicated situations Collaborate in the preparation
of necessary legal documents, including search and arrest warrants Assist management with various other duties as assigned
The
application of these principles must be negotiated and agreed
upon by both
parties before a new relationship can emerge.
introduce mechanisms to facilitate the withdrawal
of funding in the case
of inappropriate conduct by the
party upon application by another
party or the NNTT
See the research and articles at http://www.thelizlibrary.org/liz/) So, given that there are just not all that many options to choose from in deciding
upon a child custody arrangement, and given that those options overwhelmingly will be constrained or even dictated by fairly obvious facts about the
parties» circumstances such as work and school schedules, or how far apart they live from each other, and similar considerations, one really has to query what all the painstaking attention to detail and «science» (or pretext to science) is all about if, when all is said and done, the decision will boil down to the
application of a default personal preference, and pragmatic ways
of arranging custody and visitation schedules to accomplish this while avoiding liability for placing children into situations in which detriment too obviously or easily can be proved to be the direct result
of the arrangement.
107 DOS 98 Matter
of DOS v. Sosis - subject matter jurisdiction; due process; failure to appear at hearing; proper business practices; deposits; fraudulent practice; DOS fails its burden
of proof; DOS has subject matter jurisdiction if at the time the disciplinary proceeding was commenced by proper service
of a notice
of hearing and complaint the
party was (i) licensed to engage in regulated real estate activities, or (ii) an applicant for either a license or for the renewal
of a license to engage in regulated real estate activities, or (iii) eligible to automatically renew the prior license under the two - year limitation provision
of RPL § 441 (2); ex parte hearing is permissible
upon proof
of proper notice
of hearing; DOS has subject matter jurisdiction where
party was licensed at the time proceeding was commenced and, where at time
of hearing, although not licensed was eligible to automatically apply to renew pursuant to RPL § 441 (2); licensee operated a real estate brokerage business under an unlicensed name; licensee unlawfully retains deposit funds after deposit monies were delivered on the condition that same were to be disbursed only on the principal's consent and approval and said consent and approval was not given; licensee's illegal exercise
of right
of ownership over his principal's funds spawns conversion and constitutes a fraudulent practice; DOS fails its burden
of proof to establish licensee failed to deposit trust funds in a segregated escrow account, engaged in fraud and changed business location without notice to DOS; restitution ordered in the amount
of $ 1,900 plus interest, fine
of $ 1,000 and any further
application for licensure shall not be considered until applicant pays said fine and provides proof
of payment
of restitution
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed
upon proof
of proper service; DOS has jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer
upon first substantive contact; broker fails to make it clear for which
party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions
of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing contracts for purchase and sale
of real estate which did not contain a clause making it subject to the approval
of the
parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts
of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on
application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained