Sentences with phrase «which ruled on the matter»

They appealed to the Divisional Court, which ruled on the matter last week.

Not exact matches

We note that, in accordance with Rule 14 (a)-6 (a), Apple was not required to file preliminary proxy materials with the Commission because the matters to be acted on at the meeting are limited to (1) the election of directors, (2) the ratification of accountants, (3) a vote on an advisory resolution to approve executive compensation, (4) the approval of the Plan described above, which is a «plan» as defined in paragraph (a)(6)(ii) of Item 402 of Regulation S - K, and (5) shareholder proposals pursuant to Rule 14a - 8.

Under the NYSE rules for member organizations: (i) the election of directors; (ii) the non-binding advisory vote to approve the compensation of the company's NEOs; (iii) the approval of the Stock Incentive Plan of 2015; and (iv) each of the shareholder proposals described in this proxy statement are not matters on which a broker may vote without your instructions.

Provides Canadian exporters with access to a mechanism for addressing situations in which a trader disagrees with a ruling on a customs matter.

This Court was specifically mandated to «proceed and act and give relief on principles and rules which, in the opinion of the said Court, shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts of Ireland have heretofore acted and given relief» [and] the [Irish] Constitution has inherited and amended this former jurisprudence in matrimonial matters.

***** Housekeeping Matters ***** There were a couple soup posts on last Sunday's carnival which made me realize that I need to be more specific on the rules for this carnival.

At the end of the day it matters little in terms on advantages since everyone in the Premier League will then have to abide by the rules, which creates a level playing field.

By submitting an Entry, each Participant (whether declared a Winner or not) agrees (and agrees to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of DeliciousBaby on all matters relating to this Giveaway which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Giveaway or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Giveaway Entities, and each of their respective officers, directors, licensors, employees, representatives and agents (collectively, the «Released Parties») from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Giveaway or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Giveaway - related activity; (iv) grant DeliciousBaby (where permitted by law) the right to use their name on a worldwide basis, in all forms of media, in perpetuity without review or further compensation and, (v) warrant and represent that the use of the materials submitted in this Giveaway will not violate the rights of any third parties.

Ozekhome said the order was brought pursuant to order 26 rule 8 (1) of the Federal High Court Civil Procedure Rule 2009 and Section 44 (1) of the 1999 constitution which gives the court the discretionary powers to adjudicate on such matrule 8 (1) of the Federal High Court Civil Procedure Rule 2009 and Section 44 (1) of the 1999 constitution which gives the court the discretionary powers to adjudicate on such matRule 2009 and Section 44 (1) of the 1999 constitution which gives the court the discretionary powers to adjudicate on such matter.

The NYS constitution unequivocally establishes NYS as a Home Rule state — which means that local communities are supposed to have the final say on such matters as whether or not they want power plants to be located in their community.

«That this House notes the ruling of the European Court of Human Rights in Hirst v the United Kingdom in which it held that there had been no substantive debate by members of the legislature on the continued justification for maintaining a general restriction on the right of prisoners to vote; acknowledges the treaty obligations of the UK; is of the opinion that legislative decisions of this nature should be a matter for democratically - elected lawmakers; and supports the current situation in which no prisoner is able to vote except those imprisoned for contempt, default or on remand.»

All this from a man who was the public face of probity in the second chamber — he was chair of the privileges and conduct committee, which rules on disciplinary matters and can recommend the suspension of peers.

It, therefore, comes as a surprise that INEC, which was a party to the matter, can not advise political parties on the right course to take but, instead, continues to encourage politicians to embark on illegal actions through active participation of its officials, who are sent to observe such illegal primaries, whereas the apex court in the land has ruled on such matter.

Prof. Oquaye's ruling comes after he accepted an apology letter from the Mahama Ayariga on the matter which was made orally and written.

When the agenda turned to a related matter — proposed amendments to the ethics law, for which the board scheduled a public hearing on August 13 — Wilber announced that town attorney Rod Futerfas, citing a judicial precedent, had suggested that the board could proceed under the so - called Rule of Necessity.

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

Its previous ruling in the matter — in which it decided to allow federal funding to continue while it considered the preliminary injunction on its merits — came one day after oral arguments were heard.

Borsos was then the first director to work on an adaptation of The Cider House Rules, which was on the point of being shot when the bottom fell out of the production, and they had to close up and leave Montréal, where they were scheduled to shoot in a matter of just weeks.

Judge Cote ruled this week (PDF) that the brief they already submitted — which «contains five pages of substantive arguments that do not address the question of whether leave to file amici curiae responses is appropriate, but rather oppose approval of the proposed Final Judgment» — will suffice as B&N and the ABA's only comment on the matter, and «no additional filings from the ABA and Barnes & Noble shall be permitted.»

POSITION SIZING RULE: No matter which method you adopt make sure it incorporates your expected trade risk, «R», based on your initial stop - loss.

The difference which really matters is that story driven games not only follow the fundamental, rule based game mechanics but they additionally try to take on attributes of the art of storytelling.

He says it relates to the top court's 2002 decision in R. v. Neil, which stated the general rule is that a lawyer or law firm shouldn't act directly contrary to the immediate interests of a current client, even on an unrelated matter.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

Though their ultimate decisions on the matter have been measured, the judiciary has been vocal about the extent to which the rule of law demands effective access to justice.

This principle is of critical importance and sets the context for the general rule on which the Government seeks to rely — that normally the conduct of international relations and the making and unmaking of treaties are taken to be matters falling within the scope of the Crown's prerogative powers.

Nonetheless, Master Robertson goes on to indicate that, if this matter had come before a Provincial Court judge, the Provincial Court judge would have authority to hear the application to set aside the order and schedule a re-hearing based on rule 9.15 of the Alberta Rules of Court, which allow the setting aside of an order made without notice or following a hearing.

Rule 24.05.1 (1), which provides that a party can seek costs on a matter dismissed for delay, does not apply to a matter dismissed under Rule 48.14 [para. 9].

Recently, there was a ruling on costs for a matter in which both the Applicant and the Respondent to a Motion to Change child support were self - represented.

This, then, was the context in which the Grand Chamber handed down its ruling on 14 June 2016, and which provided the Court with an opportunity to revisit, first, the thorny issue of the relationship between the CFSP and other areas of EU external action and, second, the role of the Parliament in CFSP matters.

4) the existence of «specific» rules of EU law on the matter, which includes EU rules «capable of affecting» a situation.

At para 36 of the judgment, Mance LJ distinguished between those matters which required permission to appeal, such as pursuant to AA 1996, s 69, where the starting point, (as per the rule committee) was to treat the public interest in a public hearing as outweighing any wish on the parties» part for continuing privacy and confidentiality.

With all agreements at the OCDE level, it will be possible to eventually harmonise tax regulations from a global perspective to solve the needs and concerns of international tax and cross border tax, which will bring positive results, benefiting taxpayers fairly, such as avoiding double taxation, being able to access greater knowledge, exchange of experiences among tax administrations with the consequent achievement of strengthening the actors that implement and execute the application of substantive rules on tax matters; to acquire and strengthen an application of the norm in a standardised, equitable, compatible and fair manner.

Given the different subject matter, purposes of and consequences which follow from, on the one hand, the application of rules of IHL and on the other, international protection as a matter of human rights, he concludes that «internal armed conflict» as used in the Directive should not be directly linked to the definition from IHL.

recognition of foreign judgments by the DIFC Courts is not a matter of «foreign affairs» (which would mean that the matter was exclusively reserved to the UAE Federation) but a rule of private commercial law, based on a private consensual contractual arrangements; and

[15] In this regard, I consider this kind of factual evidence to be analogous to those matters described by Madam Justice Garson as being «more in the nature of observations» as opposed to inferences having complex interpretive or diagnostic components when she described how their inclusion in records sought to be admitted as business records did not offend Rule 40A in Egli v. Egli, 2003 BCSC 1716 at para. 25 which was relied on by the defendant in submissions.

Obtained favorable ruling from North Carolina Supreme Court on behalf of safety equipment company in an electrocution case, which confirmed the defense of contributory negligence in breach of warranty matters in North Carolina.

Rule 3.3 (The duty of the parties) There is now an explicit duty on the prosecutor and defendant to communicate with each other, at the first available opportunity and through to the conclusion of the case, on matters such as likely plea; agreed matters and matters likely to be disputed; what information or material is required from the other party and why; and what is to be done, by which party, and when.

The commentary on Ontario's Rule of Professional Conduct 4.01 (1) about a lawyer's responsibility as an advocate, says: «The lawyer has a duty to the client to raise fearlessly every issue, advance every argument, and ask every question, however distasteful, which the lawyer thinks will help the client's case...» Many lawyers believe fiercely that no holds are barred when representing someone, particularly in criminal matters and family law.

The trial judge ruled: I will now focus on the main argument in this matter, which is the violation as a result of the statutorily compelled statements.

An accused can testify on the trial itself but also, for example, on a motion to exclude evidence under the Charter, or to create the foundation for a motion to get past the so - called «rape - shield» rules which otherwise may prevent full cross-examination of a complainant in a sexual assault matter.

In this class of cases, we think the rule of action which should govern the civil courts, founded in a broad and sound view of the relations of church and state under our system of laws, and supported by a preponderating weight of judicial authority, is that whenever the questions of discipline or of faith or ecclesiastical rule, custom, or law have been decided by the highest of these church judicatories to which the matter has been carried, the legal tribunals must accept such decisions as final and as binding on them in their application to the case before them.

IPCO took the matter to the Court of Appeal which ruled that enforcement should be granted on the basis that the Gordian knot caused by the «sclerotic» process of the Nigerian proceedings should be cut, and referred the matter back to the Commercial Court to decide whether the alleged fraud could provide NNPC with a public policy defence under s103, and should NNPC be allowed to challenge enforcement on those grounds, further security of USD 100 million had to be provided (in addition to the USD 80 million it had already provided).

Notably, the ONCA approved of the motion judge's decision to hear both matters at the same time, pointing to Rules 2 (5)(d) and 12 (5) which «impose a duty on the court to deal with cases justly by controlling the process of the case and by dealing with as many aspects of the case as possible on the same occasion.»

a) that ruling is inconsistent with a judgment or a decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or b) proceedings concerning the validity of the intellectual property right are pending in that State.

Lord Justice Gross, who provided the ruling, described the case as a matter which has had tragic consequences for the families on either side.

The Court did identify three limitations on the scope of the bright line rule: it applies only where the immediate legal interests of the clients are directly adverse; it can not be used tactically; and it does not apply in situations in which it would be unreasonable for a client to expect that a law firm will not act against it in unrelated matters.

2) apart from the fact that CJEU stated that even before EU exercising its power, the MS must still act - when they have the power to do so - in a matter which does not jeopardise or prejudice the EU, so that the mere «potential» competence does have an effect, limitating the MS action, the parallel is that a negative rule is still a rule, so that the existence of the rule makes the matter «regulated»: - as for the JHA, I must say that whilst I agree with you on the merits, I can see the issue raised by the CJEU, since it is quite the same raised by some national Constitutional Courts, i.e. that ECHR standards may be in conflict with national standards and formally speaking the ECHR is a treaty and therefore has a lower rank that national Constititions, and the decision of the ECHR on the interpretation of such standards within the context of the Convention does not bind the national Constitutional Court in interpreting the national Constitution standards: e.g..

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

(C) A computation of any category of damages claimed by the disclosing party, making available for inspection and copying as under Rule 34 the documents or other evidentiary matter, not privileged or protected from disclosure, on which such computation is based, including materials bearing on the nature and extent of injuries suffered; and

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.