Qantas said it would offer no profit guidance, "having regard to industry and economic dynamics".
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Of course, the resolution of a charge is ultimately the Crown's decision, having regard to all relevant considerations.
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"We have decided to award a lower increase this year than that awarded last year having regard to the changes in the economic environment," he said.
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Within 6 months of such a notification, the Joint Committee shall meet at ministerial level to consider the notification, having regard to all of the objectives specified in Article 1.
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"Both the receivers (PPB Advisory) and the administrators, having regard to their respective obligations, concluded that the CBS proposal was superior to the competing proposal for creditors generally," KordMentha writes in the report.
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"The manager and depositary are under a duty to ensure that the suspension is only allowed to continue as long as it is justified having regard to the interests of unit-holders," it said.
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"The current API proposal does not reflect the long-term prospects and value inherent in Sigma having regard to the reset cost base of the business and our own growth agenda," Sigma Chairman Brian Jamieson said.
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"I have to say that I find this inexplicable, particularly having regard to the fact that McKinsey presents itself as an international leader in management consulting and given the widespread public interest in this matter," he wrote.
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"Our priorities are to ensure that there is as close as possible a deal between the UK and the EU, having regard to the very severe consequences and severe adverse consequences of the UK leaving the European Union on us here in Ireland," he said.
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Dreamworld knew of risks because of previous incidents on the same ride but "failed to take any steps to rectify it" and never undertook a full engineering risk assessment of the ride, which was "particularly troubling having regard to the previous incidents already documented".
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To record that, I would have to have found that, on the balance of probabilities, Mr. Flint formed the idea and took a deliberate action knowing it would result in his death … Having regard to all the circumstances I don't find that there's enough evidence for that.
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"Some of the fallen trees might be suitable at the time of planting years ago, but having regard to the evolution of the city, re-examination of the growing environment is necessary to ensure selection of suitable and proper tree species," the department said in a email to CNN.
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"Having regard to the situation prevailing at the moment in French ports following the hardening of social movements in France ... you are requested to take all your provisions to avoid, exceptionally, this origination, although it is contractual, and this (is) in the interest of both parties," the Supply Director at ODC said in the letter dated Jan. 28.
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"Sky would likely be prompted to review the position in the event that the continued provision of Sky News in its current form unduly impeded merger and/or other corporate opportunities available in relation to Sky's broader business, such as the [Fox takeover], in particular having regard to any views expressed by shareholders regarding the denial of such opportunities," the submission states.
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"Having regard to the complete security and protection of privacy provided by Respondent 2 (WhatsApp) initially while launching Whatsapp and keeping in view that the issue relating to the existence of an individual's right of privacy as a distinct basis of a cause of action is yet to be decided by a larger bench of Supreme Court, we consider it appropriate to issue the following directions to protect interest of users of WhatsApp," the bench said according to news agency PTI.
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For example, internal audit teams should look at the following new regulator activity recommendations and check that they operate in a similar way: - acts in a forward-looking manner, seeking to anticipate and where possible act on emerging corporate governance, reporting or audit risks, both in the short and the longer term; - advances innovation and quality improvements; - promotes brevity, comprehensibility and usefulness in reporting; - is proportionate, having regard to the size and resources required and balancing the costs and benefits of recommended actions; and - prioritises activity on the basis of risk.
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Within the council's administrative area and having regard to the royal prerogative, the chair of the county council is the "first citizen".
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Finally, the court determined, having regard to considerations of "reasonableness, fairness or legal policy,"Para 46. that Hamilton's loss was not too remote to permit a claim for damages.
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By that time the accumulated debt burden had grown to 112,419 lire, which was a not inconsiderable sum, especially having regard to the limited possibilities for income generation that were inherent in it.
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In the opinion of Roy Harrod, Spooner exceeded all the heads of Oxford and Cambridge colleges he had known "having regard to his scholarship, devotion to duty, and wisdom."Hayter, W. (1977). Spooner: A biography. London: W.H. Allen.
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Under section 26 of the Act, a data controller who processes personal data must ensure that the data is complete, accurate, up to date and not misleading, having regard to the purpose for which that data is collected or processed.
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The differences between the individual types of non-ionic surfactants are slight, and the choice is primarily governed having regard to the costs of special properties (e.g., effectiveness and efficiency, toxicity, dermatological compatibility, biodegradability) or permission for use in food.
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33, pp. 181–182, 527–528 The 2nd Duke of Westminster, as freeholder, was uneasy about allowing the two demolitions, "having regard to No. 40 having historical associations", but in the end he agreed to the scheme. Camelford House was demolished in 1913.Grosvenor Board Minutes, vol.
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In the present case, the court held that the plaintiff's conduct in hiring another vehicle was not unreasonable, having regard to the predicament in which he found himself; nor would it be unreasonable or unjust towards the defendant to hold him liable for compensation for such loss.
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The aim was to improve local services in terms of both cost and quality: A Best Value authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness (LGA 1999, section 3[1]).
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The court, had it been sitting as a court of first instance, would have imposed a sentence strikingly different from the sentence imposed in the court a quo. In the circumstances of the case, having regard to the extent of the appellant's emotional disintegration, and the fact that he was acting at the time under circumstances of severely diminished responsibility, a sentence of correctional supervision would be appropriate.570f–g. Deterrence, either of the appellant or of others, was not an important factor, having regard to the highly unusual concatenation of events, and the extremely remote possibility of a recurrence. Neither was the case one which was clamant for retribution.572c–d.
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The trial was precipitated by Laud's refusal to present Edward Corbet to a living.Trevor-Roper p. 417. Oliver St John had a hand in reviving the stalled prosecution, in 1643, having regard to the views of the Scots and his own position. Legal proceedings were started in November 1643, but initial delays occupied some months.
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The Transport Integration Act requires that the plan be revised having regard to the vision statement, transport system objectives and decision making principles set out in the Act. The Act also requires that the plan include medium to long term strategic directions, priorities and actions and demonstrate an integrated approach to transport and land use planning.
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GIC's primary role, as WA explains, is to "consider applications for the registration and omission of new Australian and foreign GIs (ie Geographical indications) having regard to the criteria set out in the Act, and in accordance with the administrative processes prescribed under the Act and the accompanying regulations."Wine Australia." Geographical Indications Committee." Accessed 20 March 2020.
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The Court was to sit principally on the West Island but it could sit anywhere having regard to the interests of justice. The Administrator of the Island is the registrar of the Court. The Administrator is appointed by the Governor-General. One of the difficulties for the Islanders was that there were no resident lawyers on the Island.
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Justice Wilson agreed with La Forest J. on the s. 8 violation but dissented on the s.24(2) issue, as she felt the presence of the words "having regard to all the circumstances" in s. 24(2) of the Charter suggests that the context is vital in determining whether evidence obtained in violation of Charter rights should nonetheless be admitted.
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Hawke sat with Lord Chief Justice Hewart and Mr Justice Branson in the Court of Criminal Appeal on 18 and 19 May 1931 to hear an appeal against a conviction for murder in R. v. Wallace. For the first time ever, the Court overturned a conviction in a capital case on the ground that the verdict was "unreasonable...having regard to the evidence".
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The court held, having regard to the importance of dealing effectively with conduct that hampers the administration of justice, that the incursion into the right to silence was justifiable. The same could not be said, however, of the legal burden which required a conviction despite the existence of a reasonable doubt.Para 37. Section 72(4) also limited the right to be presumed innocent.
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Under the European Patent Convention (EPC), European patents shall be granted for inventions which inter alia involve an inventive step. The central legal provision explaining what this means, i.e. the central legal provision relating to the inventive step under the EPC, is . That is, an invention, having regard to the state of the art, must not be obvious to a person skilled in the art.
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Power was delivered to the rear wheels via a three-speed manual transmission with synchromesh on the upper two ratios. For a supplement of 200 New Francs customers could instead specify a four-speed transmission on the slightly heavier coupé version of the car. Having regard to the car's power-to-weight ratio most customers chose to pay extra for the four speed gear box.
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The weight to be given to > these and any other relevant factors will vary from case to case. Any > disputes of primary fact will be a matter for the jury, if there is one. The > decision on whether, having regard to the admitted or proved facts, the > publication was subject to qualified privilege is a matter for the judge. > This is the established practice and seems sound.
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Migrant EU citizens have a "legitimate expectation of a limited degree of financial solidarity... having regard to their degree of integration into the host society". See also Case C-209/03 R (Dany Bidar) v. London Borough of Ealing and Secretary of State for Education and Skills, para. [56]-[59]. Length of time is a particularly important factor when considering the degree of integration.
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Salmau Cân Newydd (New Metrical Psalms) is a new metrical version of the Psalms, based on the 2004 Welsh translation of the Bible, but also having regard to the original Hebrew, by Gwynn ap Gwilym (1950-2016), an Anglican priest in the Church in Wales. A variety of metres are used and appropriate tunes suggested. It was published by Gwasg Gomer (Gomer Press) in 2008.
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Also, the family was split between North and South in the Civil War; having regard to their ages and recent immigration, no Watzke is recorded as having fought for either side in the Civil War. However, Alexander Constantin Watzke Jr. was a veteran of the Spanish–American War,Obituary in Times- Picayune, June 1928, and numerous descendants have served in the U.S. Armed forces, in wartime and in peacetime.
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After the Soviet military authorities showed no interest, French and Belgian judicial authorities announced their desire to carry out the trial. This option was rejected by the American side having regard to the immense work of translation that should have been done. The lead investigator in the U.S. Army forced then the beginning of the process. By the end of December 1946 the preparation for the process was completed.
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The court has the authority to hear oral evidence in respect of the authenticity of the defendant's signature or the agent's signature or authority. The court's authority is limited to these specific instances; it may not call for viva voce evidence of other issues. The court may exercise the power to call for oral evidence only in exceptional circumstances, having regard to the nature and purpose of the provisional-sentence proceeding.
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However, the Ecumenical Patriarchate claims that it is the only legitimate canonical authority for all Orthodox living in Western Europe, both having regard to canon 28 of the Council of Chalcedon, and also because since the 11th century the Patriarch and Pope of Rome has no longer been able to offer pastoral care for Orthodox in the West and the See of Constantinople is the nearest Patriarchate, geographically, which is able to offer such care.
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1965 (2) SA 865 (C). Having regard to the history of attacks on buses along the route in question, Van Coller AJA held that the reasonable bus-owner would have realised that a real possibility of a serious attack on buses on that route existed. It made no difference whether stones or petrol bombs were used. The judge held, further, on the facts, that the precautions taken by the bus-owner had not been sufficient.
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The actus reus of the offence is "driving in a manner dangerous to the public, having regard to all the circumstances".R v Roy, 2012 SCC 26 at para 28. The mens rea of the offence is "that the degree of care exercised by the accused was a marked departure from the standard of care that a reasonable person would observe in the accused’s circumstances".R v Roy, 2012 SCC 26 at para 28.
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A long artillery duel followed. Some accounts say it lasted all day, some 16 hours (from 6:00 until 22:00); but this can hardly be so, having regard to the rest of the operations. Waller's guns were not able to suppress cannons of the city forts, still less to obtain the ascendant. One account says: An assault on the east of the City towards Friary Gate was repulsed with heavy loss to the assailants.
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The High Court of Australia has started allowing video recordings of Full Court proceedings, since 1 October 2013. In its press release explaining this step, the High Court made the point that "[its] decision to take these steps was made having regard to the nature of its jurisdiction and is not intended to set any precedent for other courts". The High Court of Australia is the highest court in the Australian judicial system.
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The formation of an insurance contract is governed by ordinary contractual principlesHalsbury's Laws of England, 4th ed, vol. 25 (2003 reissue), [70]. however, as a commercial contract, a policy of insurance should be given a businesslike interpretation "having regard to the language used by the parties, the commercial circumstances the document addresses, and the objects which it is intended to secure."Horsell International Pty Ltd v Divetwo Pty Ltd [2013] NSWCA 368.
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In Zamir v. Secretary of State for the Home Department (1980),. it was held that the statute in question did not fall into the "precedent fact" category, having regard to the discretionary nature of the power conferred on the public authority. The appellant Zamir, a Pakistani immigrant, was granted an entry certificate to enter the country on the basis that he was unmarried and intending to join his father, who had lived in England since 1962, as a dependent.
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With the exception of defects that are pointed out to the consumer, or which the consumer should easily have been able to see, sellers are expected to provide goods of "merchantable quality". This is defined as goods "fit for the purpose or purposes for which goods of that kind are commonly bought as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other circumstances".Carr (1973) p.
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According to AP Re-Organization Act, 2014 section 86, para 2, The Government of the successor States shall at all times provide the necessary funds to the Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned between the States concerned in such proportion as the Central Government may, having regard to the benefits to each of the said States, specify.
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The Act is also not subject to any rule that statutes in derogation of the common law should be strictly construed. However, the Act may be interpreted having regard to the common law, but only to the extent that the common law is consistent with its provisions, the promotion of its purpose and its principles, and the application of the rule in section 12. Section 11 provides that the powers inherent in a court to regulate and prevent abuse of its procedure are not affected by the Bill, except to the extent provided in the Bill. Section 12 provides that if there are no provisions in the Act or any other enactment regulating the admission of particular items of evidence, or the relevant provisions deal with that question only in part, decisions must be made having regard to the purpose and the principles set out in sections 6 to 8, and the common law, to the extent that it is consistent with the promotion of that purpose and those principles and is relevant to the decisions to be taken.
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Pre-payments can be returned in part, or in full, where it is deemed "just to do so having regard to all the circumstances". It is not mandatory now implied the courts will necessarily award any remuneration for expenses or other payments. However, such a provision differs from the previous system of reimbursement established in Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd, where pre- payments could only be recovered where that had been a total lack of consideration.Koffman, Macdonald, p.
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He further stated that, "Sentences which require each of you to spend actual time in custody are necessary, having regard to the seriousness of the offending of each of you, and the necessity to deter others from like offending."Melissa Iaria: Two Opes Prime directors sent to jail, Brisbane Times, 27 July 2011. Retrieved 21 August 2011. In relation to the specific charges against Emini that he improperly transferred assets between companies he controlled, Justice Beach found the transfers were dishonest.
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Sanofi‑Synthelabo Canada Inc. The Supreme Court stated four non-exhaustive factors to be considered in determining whether there has been enablement: # Enablement is to be assessed having regard to the prior patent as a whole including the specification and the claims. There is no reason to limit what the skilled person may consider in the prior patent in order to discover how to perform or make the invention of the subsequent patent. The entire prior patent constitutes prior art.
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She remained a shareholder in her father's firm, "Raiffeisen & Cons" for the rest of her life, and tried to support her brother Rudolf. At the same time she had to watch while he was removed from office for personal and economic reasons. As a shareholder, having regard to his education and career to date, she did not prevent her brother being forced out of the firm on 28 November 1892. Amalie lived in Heddesdorf till her death on 11 January 1897.
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The Sex Discrimination Act 1984 defines sexual harassment as "... a person sexually harasses another person (the person harassed ) if: (a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or (b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed; in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.".
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He was influenced by the Tagore family and the murals of Ajanta; his classic works include paintings of scenes from Indian mythologies, women, and village life. Today, many critics consider his paintings among India's most important modern paintings. In 1976, the Archaeological Survey of India, Department of Culture, Govt. of India declared his works among the "nine artists" whose work, "not being antiquities", were to be henceforth considered "to be art treasures, having regard to their artistic and aesthetic value".
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Having regard to Barlabássy's "merits and virtues", the pope sent the deed of approval with papal legate and chamberlain Hieronymus Rorarius on 29 June 1539. Pope Paul also instructed Cardinal Girolamo Aleandro to explain the reason for the confirmations of Barlabássy and other pro-John bishops to Ferdinand, who resented the decision of the Roman Curia. As an atonement, Pope Paul III decided to spend procuratio (appointment fee) on maintaining the southern military frontier castle system along the border with the Ottoman Empire.
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Early in 1960 Mathilde Danegger, still making frequent appearances on East German cinema and television screens and still regarded by the authorities as relatively "reliable", sent a letter to Ulbricht, pleading for mercy (ein "Gnadengesuch") on behalf of her husband. The letter was positively received. The eight-year sentence was reduced to five years. Then, having regard to the fact that two thirds of the five-year sentence had already been served, at Easter 1961 Crüger was released on probation.
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Was Zimbabwe's election fair? BBC News, 3 November 2003 Zimbabwe was consequently suspended from the Commonwealth for a year. The Khampepe Report, commissioned by South African president Thabo Mbeki, was commissioned at the time to investigate the fairness of the elections. The report said : However, having regard to all the circumstances, and in particular the cumulative substantial departures from international standards of free and fair elections found in Zimbabwe during the pre-election period, these elections, in our view, cannot be considered to be free and fair.
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R v Wallace (1931) 23 Cr App R 32 is a leading English criminal case, the first time a conviction for murder was overturned on the grounds that the verdict was "unreasonable, or cannot be supported, having regard to the evidence", as provided for by Section 4(1) of the Criminal Appeal Act 1907. William Herbert Wallace, a 52-year-old insurance agent, had been convicted at the Liverpool Assizes in 1931 of the brutal murder of his wife, Julia Wallace, and sentenced to death.
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Jury Act 1977 (NSW), s 55F In New South Wales, a majority verdict can only be returned if the jury consists of at least 11 jurors and the deliberation has occurred for at least 8 hours or for a period that the court considers reasonable having regard to the nature and complexity of the case. Additionally, the court must be satisfied through examination of one or more of the jurors on oath, that a unanimous verdict will not be reached if further deliberation were to occur.
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Since the European economy is mainly reliant on the banking sector, the firth priority axis aims at reducing this reliance but also strengthen capacity in order to face crisis more efficiently. Having regard to that, the Commission proposed strengthening local financing networks by expanding the possibility for EU countries to authorise credit unions outside the capital requirements directive and regulation.ECB. (2017). Opinion of the European Centra Bank on amendment to the Union framework for capital requirement of credit institutions and investment firms. European Central Bank.
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Special and extraordinary expenses that are specifically listed in §7 of the Child Support Guidelines, such as daycare, medical insurance coverage, health, education, and extracurricular expenses, may be ordered by the court to be shared by the parents. The expenses must be necessary with respect to the best interests of the child and must be reasonable having regard to the means and needs of the parents and children. Private schools and tutoring expenses and also extracurricular expenses are only allowable if they are "extraordinary".
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The Court of Appeal held that the £4000 was excessive, and so only £1800 would be awarded. James LJ said it was ‘a very exorbitant sum for only a few days’ work… having regard to the particular circumstances, that pressure was exercised’. Baggallay JA said it was ‘very large in comparison with the services rendered’ leading ‘to the conclusion that there may have been some unfair dealing’. The ‘captain of the Medina was bound to accept any terms which were pressed upon him by the Timor.
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The administration of the Crown Court is conducted through HM Courts and Tribunals Service. Previously conducted across six circuits (Midland, Northern, North Eastern, South Eastern, Wales & Chester and Western), HM Courts and Tribunals Service is now divided into seven regions: Midlands, North East, North West, South East, South West, London and Wales. The Wales region was identified separately, having regard to the devolved legislative powers of the Welsh Government. When the Crown Court sits in the City of London it is known as the Central Criminal Court.
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The investigation made several recommendations:- # That reliance on a single bolt in tension for the support of a primary structure should be avoided if possible. # That where such bolts are used an ample margin of strength should be allowed (having regard to the material of which the bolt is made) so as to ensure that fatigue will not develop at any time in the life of the bolt. # That where such bolts are used the seating of the bolt and nut should be carefully checked.
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Having regard to the city's experience of commissioners and recent experience in the United States a council–manager plan of city government was proposed. After discussion between the minister for local government and local representatives, the minister, Richard Mulcahy, introduced as a government measure, the Cork City Management Bill (1929) and it became law despite opposition. The minister proposed and the Oireachtas enacted similar provision for Dublin City in 1930. Similar laws were passed for Limerick in 1934 and Waterford in 1939 under the Fianna Fáil government.
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Legal Aid Services Act, s.3 The Act defined LAO as independent from, but accountable to, the Ontario government through the Ministry of the Attorney General. LAO would become the sole agency for establishing, administering, and monitoring the legal aid system within the province, and was granted the ability to "provide legal aid services by any method that it considers appropriate, having regard to the needs of low-income individuals… and the costs of providing such services and the Corporation’s financial resources."Legal Aid Services Act, s.
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It is not enough if the hospital can direct the doctor as to what work he can do. # Having regard to the decision in Bolam v Friern Hospital Management Committee,Bolam v Friern Hospital Management Committee [1957] 2 All ER 118; [1957] 1 WLR 582, High Court of England & Wales. negligence required proof of proper medical practice in Sydney in 1971. # There was no evidence on which the jury could find the hospital could direct the doctors as to the manner in which they did their work.
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Sustainable tourism can be seen as having regard to ecological and social-cultural carrying capacities and includes involving the community of the destination in tourism development planning (that was done e.g. in Fruška Gora National Park in Serbia). It also involves integrating tourism to match current economic and growth policies so as to mitigate some of the negative economic and social impacts of 'mass tourism'. Murphy (1985) advocates the use of an 'ecological approach', to consider both 'plants' and 'people' when implementing the sustainable tourism development process.
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The trade-off for permitting the police to deploy their dogs on a "reasonable suspicion" standard without a warrant is that if this procedure is abused and sniffer dog searches proceed without reasonable suspicion based on objective facts, the consequence could well tip the balance against the admission of the evidence if it is established under section 24(2) of the Charter that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
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The Linguascale framework is a referential system covering all languages, as published in the Linguasphere Register in 2000 and subsequently refined in 2010. It comprises a flexible coding formula which seeks to situate each language and dialect within the totality of the world's living and recorded languages, having regard to ongoing linguistic research. The first part of this linguascale is the decimal classification referred to above, consisting of a linguasphere key of two numerals denoting the relevant phylozone or geozone: from `00`. to `99`.
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In S v Kalogoropoulos,1993 (1) SACR 12 (A). the court held that an accused person who relies on non-pathological causes in support of a defence of criminal incapacity is required in evidence to lay a factual foundation for it, sufficient at least to create a reasonable doubt on that point. It is, ultimately, for the court to decide the issue of the accused's criminal responsibility for his actions, having regard to the expert evidence and to all the facts of the case, including the nature of the accused's actions during the relevant period.
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Having regard to the monarch Francis Joseph and the Austrian counterpart, the Hungarian cabinet did not represent officially itself at the event. On behalf of the city administration, Márkus actively involved in the organization of the funeral. Kamermayer also had to stay away from the ceremony, thus Budapest was represented by First Deputy Mayor Károly Gerlóczy at the highest level, who gave a speech too. Márkus took part in the establishment of a new administrative structure in Budapest, which increased the importance of district offices (called prefectures during that time).
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The Crimes Act gave a right to appeal to the Court of Appeal or the Supreme Court where "That the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence". The appellant who had been convicted of sexual violation, appealed to the Court of Appeal who found against him. Mr Owen then appealed to the Supreme Court on the basis that the Court of Appeal had blurred the lines between two distinct grounds for appeal in the section.
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However, the scientists let the animals (the exact number of which is unknown) live. In due course the Royal Menagerie in Versailles (ménagerie royale) was dissolved and these animals were also transferred to the Jardin des Plantes. Jacques-Henri Bernardin de Saint-Pierre (1737–1814) is considered to be the founder of the menagerie. He was committed to the principles of keeping exotic animals in their natural environment, having regard to their needs, placing them under scientific supervision, and allowing public access in the interest of public education.
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In this capacity, he found himself in the middle of a controversy over the British Wheat Agreement (BWA). The BWA was an agreement to sell wheat to British clients at a fixed price over a four-year period. The price was to be adjusted during the following two years, "having regard to" world wheat prices. During the first four years, world wheat prices were continually above the price stipulated in the agreement, breeding resentment towards the British, especially since they sold much of this fixed price wheat for a large profit in European markets.
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In 1926, a committee of commercial and industrial interests in Cork came together to consider a scheme of city government. Having regard to the city's experience of commissioners and recent experience in the United States, a council–manager government was proposed. After discussion between the minister for local government and local representatives, the minister, Richard Mulcahy, introduced as a government measure, The Cork City Management Bill, 1929, and it became law despite opposition. The first Cork city manager, Philip Monahan, had previously been the commissioner who replaced Cork Corporation and before that Kerry County Council.
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On April 11, 1582, the Lords of the Council wrote to the Lord Mayor to the effect that, as "her Majesty sometimes took delight in those pastimes, it had been thought not unfit, having regard to the season of the year and the clearance of the city from infection, to allow of certain companies of players in London, partly that they might thereby attain more dexterity and perfection in that profession, the better to content her Majesty".Rowse, A. L. (1950). The England of Elizabeth, p. 238. University of Wisconsin Press.
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It was only in August 2006 that the Department > of Legal Affairs opined that competitive bidding could be introduced through > administrative instructions. However, the same Department also opined that > legislative amendments would be required for placing the proposed process on > a sound legal footing. In a meeting held in September, 2006, Secretary, > Department of Legal Affairs categorically opined that having regard to the > nature and scope of the relevant legislation, it would be most appropriate > to achieve the objective through amendment to the Mines & Minerals > (Development & Regulation) Act. Prime Minister's Statement, paras 14–18.
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Section 92 of the Constitution of Australia, Trade within the Commonwealth to be free. as far as is still relevant today is: This provision has been the cornerstone of significant Australian constitutional jurisprudence, which has also been quite complex. As the High Court of Australia observed in Cole v Whitfield: > 20\. The creation of a limitation where none was expressed and where no > words of limitation were acceptable was a task which, having regard to the > diverse and changing nature of inter-State trade, commerce and intercourse, > was likely to produce a variety of propositions.
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To establish and maintain libraries, workshops and readings rooms, and to equip the same having regard to the primary objects of the Foundation; 13\. To publish articles, periodicals or such other literature and information as may prove necessary or useful for the purpose of the Foundation; 14\. To undertake and execute any trusts the undertaking whereof seems desirable and either gratuitously or otherwise. The Foundation operates from Peries' residence and is involved in organizing many events annually to promote the film industry of the past and present in Sri Lanka.
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The Court of Appeal, sitting as a panel of two judges, held the purpose of the trust was to give Mrs Chhokar and her children a home. There was no reason for an order for sale, having regard to the interest of third parties. Because Mr Parmar stepped into Mr Chhokar’s shoes, it would be inequitable for her to have to pay an occupational rent, but he should be entitled to credit for paying off the mortgage. Accordingly, she and Mr Parmar held the house as tenants in common in equity in equal shares.
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As, indeed, it has done in this very case. And so the > cause of racial integration would suffer. So, whilst upholding religious > freedom to the full, I would suggest that it should be applied with caution, > especially having regard to the setting in which it is sought. Applied to > our educational system, I think that Mr. Ahmad's right to "manifest his > religion in practice and observance" must be subject to the rights of the > education authorities under the contract and to the interests of the > children whom he is paid to teach.
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Instead, they proceeded in blatant disregard for Mr. Wong's Charter rights. Their conduct was deliberate and was not based on a reasonable, or indeed any, misunderstanding of the law. The admission of this evidence would bring the administration of justice into disrepute given the nature of the evidence, the gravity of the Charter infringement and the fact the offence with which the appellant was charged did not fall into the more serious category. To extend the principle in Duarte to this case is to ignore completely the words "having regard to all the circumstances" in s.
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The legislature cannot make relevant circumstances irrelevant, deprive the court of its legitimate jurisdiction to exercise its discretion not to impose death sentence in appropriate cases. Determination of appropriate measures of punishment is judicial and not executive functions [sic]. The court will enunciate the relevant facts to be considered and weight to be given to them having regard to the situation of the case. Therefore we have no hesitation in holding the view that these provisions are against the fundamental tenets of our Constitution, and therefore, ultra vires the Constitution and accordingly they are declared void.
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Home market sales in the last quarter of 1952 were only 15 per cent of the sales in the three preceding quarters. In mid-September the board advised shareholders that the forecast break in production was unavoidable, and that it might prove to be of considerable duration. Having regard to this possibility, negotiations extended to suitable alternative work which would keep the factory reasonably employed. It also advised that the difficulty in arranging supplies of new bodies would unfortunately postpone the production of the new range of commercial vehicles, and the estate car, which were fully tooled-up.
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The Council agreed to the latter but imposed a condition of a fifteen-foot building line: that is, a line forbidding the erection of any building or structure nearer than fifteen feet from the street forming the boundary of the lot. No mention was made of a service road. The defendant had in the meantime completed a notarial deed in favour of the Council creating a service road over Lot 2. The defendant, having regard to the imposition of the building line restriction, requested the Council to consent to the cancellation of the service road, which it refused to do.
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May 1945 brought another abrupt change of direction for Maria May, who now returned to a full-time teaching post. The western two thirds of Germany were now divided into four large military occupation zones: May left Berlin and settled in Hamburg, in the British zone. Between 1946 and 1955 she served as head of the class in fabrics painting and textiles design at Hamburg's "Landeskunstschule" (as the Fine Arts University was known at that time). For the Landeskunstschule, having regard to May's record in Berlin during the 1920s, the move was presented as an opportunity to form closer ties to industry.
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Floor Plans, Normanby Hill 1898Plans were prepared in 1898 for new buildings to better accommodate the institute, including provision for livestock and small animals. The new site, about 6 acres (2.4 ha), was adjacent to the Brisbane Grammar School on College Road (known then as Normanby Hill, now part of Spring Hill). Pound was reported as having "regard to the plans of the Pasteur Institute" (Paris) in his influence on the design of the new premises. In 1900 the name of the institution was altered to the Bacteriological Institute, with control moved from the agricultural department to the Home Secretary's department.
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In December 2009, the Department of Health published directions to NHS bodies concerning the cost of telephone calls made by patients to the NHS: "An NHS body must not enter into, renew or extend a contract or other arrangement for telephone services unless it is satisfied that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls to the NHS body then they would to make equivalent calls to a geographic number." This reiterated the "free at the point of delivery" principle of the NHS and the direction applied to all NHS bodies.
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Pursuant to section 61 of the Bankruptcy Act 1988 all of the bankrupt's assets vest in the OA. This includes the bankrupt's interest in the family home.Sanfey and Holohan, Chapter 9 However the OA must apply to court under section 61(5)to permit him to sell a family home. The court has a discretion to postpone a sale under this section "having regard to the interests of the creditors and of the spouse and dependents of the bankrupt as well as the circumstances of the case". In most circumstances the spouse of the bankrupt will assert an interest in the family home.
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Asteroid 4179 Toutatis is a potentially hazardous object that passed within 4 lunar distances in September 2004 and currently has a minimum possible distance of 2.5 lunar distances. From the late 1990s, a typical frame of reference in searches for NEOs has been the scientific concept of risk. The risk that any near-Earth object poses is viewed having regard to both the culture and the technology of human society. Through history, humans have associated NEOs with changing risks, based on religious, philosophical or scientific views, as well as humanity's technological or economical capability to deal with such risks.
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The High Court is established by Article 34 of the Constitution of Ireland, which grants the court "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made on "the advice of the Government". In practice, this means that the judges are nominated by the government and automatically approved by the President.
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Neither principle nor common sense requires this.161f-h. Having regard to the "sustained" and "vicious" assault upon the deceased by the appellant, the court found that "the appellant subjectively foresaw the possibility of his conduct causing the death of the deceased and was plainly reckless as to such result ensuing," and that he was therefore guilty of murder on the basis of dolus eventualis.Para 40. This finding rendered the question of whether or not the appellant owed a duty to the deceased of obtaining medical assistance for him (the basis for the conviction in the trial court and subsequent appeal) unnecessary.
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In addition, the Part confers power on the Minister to set service standards to be met by holders of accreditation.Accident Towing Services Act 2007, section 75. The standards may cover matters such as complaints handling and the provision of information to VicRoads relating to complaints. The Part also contains power for VicRoads to take disciplinary action against an accredited person if VicRoads is satisfied that the person has contravened the Act, committed a listed offence, contravened a condition of a tow truck licence or an accreditation or if the action is appropriate having regard to the objective of accreditation.
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George Cole sought to challenge the 1964 Senate Election for Tasmania in which Bert Lacey was returned for the 5th and final seat. The petition alleged that the percentage of votes rejected during the scrutiny was considerably lower than that "in other States" and also "below that of informal votes in previous elections for the Senate in Tasmania". Taylor J held that it was "impossible to say that, having regard to the percentage of informal votes recorded at the election now in question, informal votes were admitted and counted or that it is probable that this occurred" and dismissed the petition..
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The WDA was established under the Welsh Development Agency Act 1975 under the then Secretary of State for Wales John Morris MP for Aberavon. The WDA had four objectives: # furthering the economic development of Wales # promoting industrial efficiency and international competitiveness # creating and safeguarding employment # improving the environment having regard to existing amenity. The organisation worked to secure entrepreneurial growth in Wales by increasing the number of startup businesses and by persuading multinational companies to relocate or open subsidiary facilities in Wales. Finance Wales is a public limited company set up by the WDA and still providing funding to Welsh businesses.
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It was established in 1995, with the preamble stating: > Recognizing that it is desirable to prevent any fatalities, injuries or ill > health affecting workers or members of the public, or damage to the > environment arising from mining operations, and > Having regard to the need for cooperation between the International Labour > Organization, the World Health Organization, the International Atomic Energy > Agency and other relevant institutions and noting the relevant instruments, > codes of practice, codes and guidelines issued by these organizations, and > Having decided upon the adoption of certain proposals with regard to safety > and health in mines, ...
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The footprint Cadwallader Bates left on history is in large measure due to his work as an historian and antiquarian. He started many books on aspects of Northumberland, most of which he finished. His particular focus was on the Medieval period. In addition to secular history, he took an interest in church history, at one point becoming embroiled in a sustained investigation into the "correct" date for Easter, having regard to the writings of Saint Columba, the evangelising Irish saint whose disciple- successors, more than a thousand years earlier, had expanded the Celtic church into the Kingdom of Northumbria.
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The House of Commons liked him for geniality and common sense; at the Carlton Club, at Boodle's, and at The Athenæum he was always welcome. In his _Treasures of Lynn_ , a short history of the town of King's Lynn Ingleby demonstrated his racist antipathy to Jews, writing of 'the increasing power of the Jews and their doubtful value in our Anglo-Saxon community, having regard to the fact that they do none of the spade-work, but take a large share of the wealth which that spade-work helps to create' ( _Treasures of Lynn_ (London, 1924), p. 8).
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In December Tuck received a certificate stating that he had passed the examination for Interpreter in Japanese and a few days later received appointment as Interpreter in Japanese on HMS King Alfred.Tuck Papers 2/5. In February 1906 Vice-Admiral Noel wrote to Tuck and forwarded to him extracts from an Admiralty letter dated 25 October 1905, which stated that ‘it would be a convenience if the services of Mr. Oswald Tuck could be utilized in connection with the instruction in the Japanese language of Naval Officers on the China Station, having regard to his special qualifications for such work’.
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The court ruled by 8 votes to one that the existence of a prohibition continuously and directly affected the applicant's private life, thus there was an interference with his right to respect for private life. As the Government limited their submissions to maintaining that there was no interference, and did not seek to argue that there existed a justification under Article 8(2) for the impugned legal provisions, the Court did not find that--in the light of the above-mentioned fact and having regard to its judgment in Dudgeon v. United Kingdom and Norris v. Ireland--a re- examination of the question was called for.
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Later that year, during the summer, von Schlabrendorf persuaded the Prussian authorities that he really was keen to return home, but he made a plea that he might be granted a further brief deferral. The king was reportedly persuaded, and on 26 August 1804 granted a six week extension. Somehow at the end of the six week period Gustav von Schlabrendorf was still in Paris, however. One source, possibly having regard to something von Schlabrendorf himself subsequently asserted, indicates that he wanted to return to his homeland and take part in the wars of liberation in his homeland but did not receive the necessary exit documentation from the French authorities.
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When Weir later told Breen of his own involvement in the sectarian killing of Catholic chemist William Strathearn (for which he was convicted), Breen reportedly had advised him to "forget about it". Weir's allegations are strongly denied by Breen's former RUC colleagues. Former officer Andrew Hanna stated in an interview, "it's untrue that he colluded with loyalists". The Inquiry led by Mr Justice Barron believed Weir's evidence overall to have been credible; however the Inquiry did express reservations about Weir's "allegations against police officers having regard to his possible motive in going public, and also in relation to his own part in the offences which he relates".
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The first and second respondents (as applicants) sought an order in a Local Division against the appellants (as respondents) declaring that their purported dismissal from the employ of the Transvaal Provincial Administration had been unlawful. The respondents' foundational allegation—that they were afforded no hearing—formed no part of the grounds upon which they obtained relief in the court a quo. That court, having regard to the averments made by the appellants (together with such facts as were common cause), held that, although the respondents had indeed been given a hearing, it had not been one which complied with the requirements of the audi rule.
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Owen para. 12 The court accepted the Court of Appeal's definition of unreasonableness in R v Munroe;[2007] NZCA 510, Glazewell J. "A verdict will be deemed unreasonable where it is a verdict that, having regard to all the evidence, no jury could reasonably have reached to the standard of beyond reasonable doubt", with the minor alteration of expunging the word "deemed" as it indicated that a court might find a verdict unreasonable when it was not in fact.Owen para. 15 Applying this standard to the facts of Mr Owen's case the court found that the verdict which the jury had come to was in light of the evidence not unreasonable.
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In the result, the appeal as a whole had to be dismissed.Para 115. Having regard to item 17 of Schedule 6 to the Constitution of the Republic of South Africa Act 108 of 1996, it is in the interests of justice that in respect of constitutional issues under the interim Constitution which may in future come before it, the SCA, as the successor of the Appellate Division, should exercise the jurisdiction conferred upon it over constitutional matters by Chapter 8 of the 1996 Constitution. Its exercise of that jurisdiction, however, will not affect the principle articulated in S v Mhlungu1995 (3) SA 867 (CC).
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Lehmann had heard of a villa available for let and as she approached the villa she overheard the family singing in their garden. Insisting the children had a precious gift, she exclaimed that the family had "gold in their throats" and that they should enter the Salzburg Festival contest for group singing the following night. Having regard to the family's aristocratic background the Baron insisted performing in public was out of the question; however Lehmann's fame and genuine enthusiasm persuaded the Baron to relent, leading to their first public performance. Time magazine February 18, 1935 In 1930, Lehmann made her American debut in Chicago as Sieglinde in Wagner's Die Walküre.
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Barwick CJ stated that this would then serve to extend to include intrastate air navigation, due to intrinsic factors related to flight, and the factual situation in this case. Similarly, the Commonwealth licensing regime, which Barwick CJ held to be a "substantial safety procedure", can apply to intrastate air operations or operators because of the impact of unsafe, inefficient or irregular air operations by intrastate airline operators. Kitto J stated that the law is within power if it protects against physical interference by having regard to safety, regularity and efficiency; this is in contrast to matters merely consequential to interstate or foreign air navigation, which would not suffice.
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The car originally developed by ZF of Friedrichshafen was a two-seater with a single-cylinder 200 cc rear-mounted two-stroke lawnmower engine supported by a supercharger. Power was delivered to the wheels via a three-speed gear box: despite the low weight of the car, there was also a reverse gear. The first prototype was actually built further to the south at Herrlingen near Ulm in 1948. The car was based around a central steel frame and employed a rear-mounted engine, being clearly inspired by the Volkswagen lay-out, but smaller and simpler having regard to the availability of production facilities and materials in the late 1940s.
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In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification does not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the plaintiff's reputation having regard to the truth of the remaining charges.The Defamation Act 1952, section 5 In other words, to succeed in their defence of justification, the defendant need not prove every charge to be true, just enough of the charges so that the remaining charges do not on their own constitute a material injury to the plaintiff's reputation.
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The Board gave the following reasons: :"1. The Board do not consider that it has been proved that Mr Gataker committed an indictable offence; or that, if he did so the members of the district council were aware that his pretences were illegal. :"AND :"2. The Board cannot but consider the action of the district council as unwise, but it does appear to them, having regard to the recommendations the council received as to Mr Gataker’s capabilities, that the council can be considered as having acted with such recklessness that the disallowance and surcharge can be confirmed."The Times, Tuesday, Nov 15, 1898; pg.
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The Court noted that Parliamentary Elections Act targeted former “officers” of the KGB. Having regard to the wide-ranging functions of KGB, the Court considered that that concept was too broad and that a restriction of the electoral rights of a KGB officer should take a case-by-case approach to take into account their actual conduct. The Court noted that the applicant had never been accused of having been involved in the misdeeds of the Soviet regime, such as repression of opposition. Therefore the Court has found a violation of the Article 3 of the 1st protocol of ECHR, by six votes against one.
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The Act positions VicRoads as the prime agency able to issue both regular and heavy accident towing licences.Accident Towing Services Act 2007, Part 2, Division 2. However, authorisation to issue licences must be obtained first from the Minister who is conferred with power by the Act to authorise the issuing of regular tow truck licences for particular areas of the State. The Minister can only make such an authorisation if she or she considers it to be in the public interest having regard to any increase in the need for tow trucks in the relevant area.Accident Towing Services Act 2007, section 14(2)(a).
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21 Cases in the Court of Appeal are decided by a bench consisting of one, two or three Judges. On rare occasions, having regard to the public importance of the issue, the Court of Appeal has been constituted by a division of five Judges., reported at (2008) 11 HKCFAR 117, at para. 21See, for example, , reported at [1996] 2 HKLRD 401, which was heard by the Vice President of the Court of Appeal (Mr Justice Litton) and four Justices of Appeal (Mr Justice Bokhary, Mr Justice Mortimer, Mr Justice Godfrey and Mr Justice Ching) Final substantive appeal hearings take place before a bench of three Judges.
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In a disclosure statement to the Bombay Stock Exchange (BSE), he explained: "The company has incurred substantial losses and its net worth has been eroded. However, having regard to improvement in the economic sentiment, rationalization measures adopted by the company, fleet recovery and the implementation of the debt recast package with the lenders and promoters including conversion of debt into share capital, these interim financial statements have been prepared on the basis that the company is a going concern and that no adjustments are required to the carrying value of assets and liabilities." This filing was widely covered by Indian and international print and electronic media and analysts.
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Under section 52, If an eligible judge is satisfied that, having regard to the evidence obtained by the use of the surveillance device and to any other relevant matter, the use of the surveillance device was not justified and was an unnecessary interference with the privacy of the person concerned, the Judge may direct the person to whom the warrant was issued to supply to the subject of the warrant, information regarding the warrant and the use of the device. Before giving a direction under this sections the Judge must give the person to whom the warrant was issued an opportunity to be heard on the matter.
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They do sentence him to > death, to be shot by a platoon of musqueteers on the forecastle, ... but ... > having regard to the distress and confusion the ship was in when he came to > the command, and being a young man and unexperienced, they beg leave to > recommend him for mercy. An appeal against the sentence of death was refused, and Phillips was executed by firing squad on the forecastle of HMS Princess Royal at 11 am on 19 July 1745. The execution of Lieutenant Phillips was controversial. Many in Parliament believed that a captain or other high-ranking officer caught in his position would not have been executed.
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These are the so-called "three strikes and you're out" provisions. There is a mandatory minimum sentence of seven years for an adult who is convicted on three separate occasion of dealing in Class A drugs- section 110 Power of Criminal Courts (Sentencing) Act 2000. Likewise, there is a minimum mandatory sentence of three years for anyone convicted of burglary of a dwelling for the third time - section 111 of the same Act. For each sentence, court has discretion not to impose the minimum term if it considers it would be unjust having regard to the particular circumstances of the offence(s) or the offender.
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After the telephone call from King, the content of which had unnerved her, she decided to collect the car and drive it home so that it would be available to her to drive to the yacht if the deceased called her. She decided not to telephone him because having regard to the lateness of the hour, he might be asleep. So she walked to the car at or near Marieville Esplanade. However, on arriving there she found she had farm keys and not the car keys and had to walk back to Allison Street to collect them and return once again to the car.
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Under the Referendum Act 1998 the commission initially had the role of setting out the arguments for and against referendum proposals, having regard to submissions received from the public. Following the passing of the Referendum Act 2001 the commission no longer has a statutory function in relation to putting the arguments for and against referendum proposals. The 2001 Act also removed from the commission the statutory function of fostering and promoting debate or discussion on referendum proposals. A new referendum commission may be set up in for each new referendum that takes place, if the Minister for Housing, Planning and Local Government makes a ministerial order to appoint a commission.
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The court held that, once it is established that such a risk exists, a fundamental principle of the South African criminal justice system has been offended.Para 38. Having regard to the importance of the right to be presumed innocent in the South African criminal justice system and the fact that the State could have achieved its objective by less intrusive means, the imposition of the legal burden upon an accused had a disproportional impact on the right in question. In these circumstances, the court held, the risk of convicting an innocent person was too high, and outweighed the other considerations in favour of the limitation.
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The fundamental test for assessing whether there is an inventive step remains the statutory test: Actavis v Novartis [2010] EWCA Civ 82 at [17]. That test is as follows: an invention shall be taken to involve an inventive step if it is 'not obvious' to 'a person skilled in the art', having regard to any matter which forms part of the 'state of the art' by virtue of section 2(2): s 3 Patents Act 1977. Courts of the United Kingdom have adopted a general framework to assist in approaching (not answering) the fundamental statutory test. It is known as the Windsurfing or Pozzoli test.
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Whereas at the above named mine (of the Ladyshore Colliery) I find the following matter which is not provided against by any express provision of the above Act or by any special rule established thereunder – namely, that the respective mines in the colliery are worked with open lights, and not safety lamps, notwithstanding that such mines are subject to emissions of firedamp. And whereas I am of opinion that, having regard to the character of the mines, the said matter is dangerous or defective so as to threaten or tend to the bodily injury of the persons employed in and about the said colliery. Now I hereby give you notice forthwith to remedy the said matter.
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6), now under the influence of Rabbula took a decided attitude of opposition; he wrote to the synod of Antioch (Ep. 67) that the opinions of Diodore, Theodore, and others of the same schools had "borne down with full sail upon the glory of Christ"; to the emperor (Ep. 71), that Diodore and Theodore were the parents of the blasphemy of Nestorius; to Proclus (Ep. 72), that had Theodore been still alive and openly approved of the teaching of Nestorius, he ought undoubtedly to have been anathematized; but as he was dead, it was enough to condemn the errors of his books, having regard to the terrible disturbances more extreme measures would excite in the East.
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In July 2017, following a review of the numbers of elected seats for each District Council having regard to local population forecasts, the Electoral Affairs Commission (EAC) proposed to create 21 new elected seats across 10 District Councils: # One new seat for each of Kowloon City, Yau Tsim Mong and Tsuen Wan District Councils; # Two new seats for each of Sham Shui Po, Kwai Tsing, Tuen Mun and Sai Kung District Councils; # Three new seats for each of Kwun Tong and Sha Tin District Councils; and # Four new seats for the Yuen Long District Council. Accordingly, the total number of elected seats for the 2019 elections increased by 21 from 431 to 452.
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"11-22AD Decisions in ASIC's proceedings against parties associated with fuel technology company" at Australian Securities and Investments Commission 8 February 2011 On 18 August 2011, ASIC succeeded in obtaining a similar determination and Federal Court orders against Sattvic Pty Ltd, the company operated by Leslie Stein. In September 2014, ASIC announced that it had finalised its investigation. > Following ASIC’s inquiries, a brief of evidence was forwarded to the CDPP > for consideration. Having regard to the evidence obtained by ASIC, the CDPP > has recently informed ASIC that it is not satisfied there are reasonable > prospects of a conviction, as is required under the Prosecution Policy of > the Commonwealth to enable a prosecution to be commenced.
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We used to meet them in the season at Ranelagh, too. Wood has been much more than a founder and editor of newspapers, for he has been connected with the management of several of our most important charities, and has himself been instrumental in raising a quarter of a million for them." This became the focal point of Wood's publishing career, and The Gentlewoman was successful in attracting many well- known writers of the day.Truth, vol. 44 (1898), p. 261: "The Gentlewoman has gained for itself a reputation and position of stability which is without parallel in the history of any similar Journal, having regard to the number of years it has been established.
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The court held that the import has infringed upon the copyright of PBL because if they are made here they would offend the copyright of PBL. Publication The court also held that the work has been published in India. To do this, the court said that for literary works publication is ‘the issue of copies of the work, either in whole or in part, to the public in a manner sufficient to satisfy the reasonable requirements of the public having regard to the nature of the work.’ The court held that the India Distributors is not guilty of primary infringement but is guilty of secondary infringement when it allows public distribution of titles. 3\.
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Lush J held the plaintiff's telegram at 9.42am was not a rejection of the offer but a mere inquiry about whether the terms could be modified. Although McLean was at liberty to revoke the offer before Monday finished, that was not effective until it reached the plaintiffs. Lush J charged the defendant the amount of £1900 to be paid to the plaintiffs subject to any reduction by subsequent ruling. As to the first issue, having regard to the nature of the wording of P's telegraphic inquiry and the volatility of the iron market, the communication cannot be regarded as a counter-offer but a mere inquiry to which the defendant should have responded.
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Sexual assault is a statutory offence in England and Wales. It is created by section 3 of the Sexual Offences Act 2003 which defines "sexual assault" as when a person (A) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. Sections 75 and 76 apply to an offence under this section. A person guilty of an offence under this section is liable— #on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; #on conviction on indictment, to imprisonment for a term not exceeding 10 years.
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Decision maker Maximo Morales was being investigated in his participation in a cocaine importation ring in Canada. He was arrested in December 1990 and charged with trafficking and possession for the purpose of trafficking under the Narcotics Control Act and Criminal Code. At his bail hearing the judge denied his release and ordered him to be detained until the trial. The detention was based on section 515 of the Code which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will ... commit a criminal offence or interfere with the administration of justice".
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Having regard to the circumstances of the case, the court held that the question of culpability had to be determined not simply by asking whether a fire, any fire, had been foreseeable but whether a reasonable person in the position of the project engineer or the port engineer would have foreseen the danger of fire emanating from an external source on the roof of the building with sufficient intensity to ignite the gutter.Para 24. Given that the building was relatively isolated in relation to other buildings in the harbour area, there was nothing about its locality rendering it more vulnerable to fire. The region, furthermore, was not prone to lightning of the kind which would set fire to buildings.
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Penthouse living room, Evesham, 1937 Evesham Flats is an art deco block of four flats at 7 Quarry Street, Hamilton in Brisbane. Evesham was built for Evelyn Thomason (nee Horsman), who commissioned Rylance to design Evesham as a block of four flats with the penthouse flat intended to be her personal residence. Completed in June 1937, Evesham's stuccoed walls, Juliette balconies, asymmetrical massing and numerous arched windows reflect the popular inter-War Spanish Mission architectural style. Having regard to the building's prominent location overlooking the Hamilton Reach of the Brisbane River, Rylance designed the top left section of the building, above the exterior staircase, to resemble the bridge of an outgoing steamer.
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Once a duty of care (or duty to act, as required) has been shown, the jury should then be asked, following Lord Mackay in R v Adamoko:[1995] 1 AC 171 "having regard to the risk of death involved, [was] the conduct of the defendant... so bad in all the circumstances as to amount to a criminal act or omission".Simester et al. (2010). p. 412. This has two elements: firstly, the breach of the duty of care must relate to the risk of death (confirmed in R v Singh[1999] Crim LR 582), and not to any lesser harm. In other words, the breach of the duty of care must cause the victim's death.
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There are no mitigating circumstances or factors to award a lesser punishment ... having regard to the nature of the methodology in committing the murder for gain, it is a fit case for capital punishment", the order read. The judge directed the jail authorities not to execute the death sentence until they received confirmation from the high court. In the high court, on 12 September 2005, a two bench judge composed of Justices S.R. Bannurmath and A.C. Kabbin confirmed the death penalty to Shradhananda. Terming it the "rarest of rare cases" in their order, the division bench composed of Justices S R Bannurmath and A C Kabbin, said: "The accused had murdered his wife in a diabolical and a well-planned scheme.
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This could be done by ensuring that sections 1(1)(c)(i) and 1(4)(f) of the Intestate Succession Act, which were concerned with providing for a child's share of the single surviving spouse and its calculation, should apply with three qualifications if the deceased is survived by more than one spouse: # A child's share would be determined by having regard to the fact that there was more than one surviving spouse. # Provision should be made for each surviving spouse to inherit the minimum if there was not enough in the estate. # The order had to take into account the possibility that the estate may not be enough to provide the prescribed minimum to each of the surviving spouses.Para 125.
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The commission was appointed on 7 June 1966, with the following terms of reference: > "....to consider the structure of Local Government in England, outside > Greater London, in relation to its existing functions; and to make > recommendations for authorities and boundaries, and for functions and their > division, having regard to the size and character of areas in which these > can be most effectively exercised and the need to sustain a viable system of > local democracy; and to report." The members of the commission were Redcliffe-Maud (chairman), John Eveleigh Bolton (vice-chairman), Derek Senior, Sir James William Francis Hill, Victor Grayson Hardie Feather, Arthur Hedley Marshall, Peter Mursell, John Laurence Longland, Reginald Charles Wallis, Thomas Dan Smith and Dame Evelyn Adelaide Sharp.
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But having regard to section 36 of the same Code, such statement may be made in order to proof a particular fact in a Court of Law or not. The Criminal Code in classifying false evidence or the offence of perjury made no distinction between statements made under oath; under the Penal Code, if the statement is made in a judicial proceeding oath is a sine qua non for the statement to assume the character of false evidence or perjury, if its falsehood is proved. Under section 1 (1) of the English Perjury Act 1911, the statement to amount to perjury must have been made under oath. Under these laws it is irrelevant whether or not the witness’s statement is false at all.
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When considering the order to be granted in terms the procedure above, held Bosielo JA (Mpati P, Brand JA, Snyders JA and Malan JA concurring), the court is obliged to ensure that the notice will be "effective" in the circumstances of the case, having regard to the intent and import of PIE and section 26(3) of the Constitution. The fact that the notice served on the respondent is in some respect deficient of section 4(2) or Rule 55 (as it was in both cases here) will not necessarily be fatal if the notice achieved the purpose contemplated by these statutory provisions. Whether that purpose had been achieved cannot be considered in the abstract, but will depend on the facts of each case.Para 15.
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She had at one stage claimed to be a dog handler at Ravensbrück who had set dogs to tear apart camp inmates. It was apparently in this context that she said she had been responsible for the deaths of between eighty and ninety concentration camp inmates. However, she was convicted solely on the basis of her own submissions, and the court records consist almost exclusively of notes taken during her interrogation sessions, from which it is apparent that her interrogator, a Leutnant Bischoff, had reacted to her "confessions" with sustained unbelief. Had the evidence been persuasive and appropriately corroborated it seems likely that her sentence, having regard to the crimes against humanity for which she was convicted, should have been much harsher than a mere custodial one.
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The Act is relatively short, divided into 5 sections, the fifth covering the extent of the Act and its commencement date. Section 1 covers the test to determine if something is obscene; an article is taken to be obscene if the entire article "is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it". The test is based on "persons"; DPP v Whyte [1972] AC 849 established that it was not sufficient for an individual to be depraved or corrupted, it must be that a significant number of people likely to read it would become corrupt.Barnett (1997) p.
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He drew protective cover offered by the doctrine over the impugned amendments while manifestly holding that the impugned amendments abridged the scope of fundamental rights. Justifying his stand, he held that: :What then is the effect of our conclusion on the instant case? Having regard to the history of the amendments, their impact on the social and economic affairs of our country and the chaotic situation that may be brought about by the sudden withdrawal at this stage of the amendments from the Constitution, we think that considerable judicial restraint is called for. We, therefore, declare that our decisions will not affect the validity of the constitution (Seventeenth Amendment) Act, 1964, or other amendments made to the Constitution taking away or abridging the fundamental rights.
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He argues that "it is an accepted rule that the various language versions must be considered together, with the ambiguities of one version elucidated by the other".Perry, Glenn, Security Council Resolution 242: The Withdrawal Clause, Middle East Journal, 31:4 (1977:Autumn) p.413–433:431 He cites Article 33 of the Vienna Convention on the Law of Treaties, which states that except when a treaty provides that one text shall prevail "the meaning which best reconciles the texts, having regard to the object and purpose of the treaty, shall be adopted".Article 33 of the Vienna Convention on the Law of Treaties, cited in Glenn Perry, Security Council Resolution 242: The Withdrawal Clause, Middle East Journal, 31:4 (1977:Autumn) p.
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Iskandar Regional Development Authority Iskandar Regional Development Authority (IRDA; ; Jawi: ڤيهق برکواس ولايه ڤمباڠونن إسکندر) is the body responsible for the direction, policies and strategies in relation to development within the Iskandar Malaysia, having regard to the general framework of national and Johor State policies. Pursuant to this responsibility, IRDA will assist the State Planning Committee (SPC) and relevant local planning authorities to co-ordinate development, and for this purpose IRDA will adopt a Comprehensive Development Plan (CDP) for use by such local planning authorities. A Bill to incorporate the IRDA was tabled in and approved by the Dewan Rakyat and Dewan Negara on 13 December 2006 and 21 December 2006 respectively. The Bill received royal assent on 12 February 2007.
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But all purposes may be reduced under the > single heading of the protection of society, the protection of the community > from crime. The sentence should be such as, having regard to all proved > circumstances, seems at the same time to accord with the general moral sense > of the community and to be likely to be a sufficient deterrent both to the > prisoner and others.. Courts have not infrequently attempted further > analysis of the several aspects of punishment,R v Goodrich (1952) 70 WN > (NSW) 42, Supreme Court (NSW). where retribution, deterrence and reformation > are said to be its threefold purposes. In reality they are but the means > employed by the Court for the attainment of the single purpose of the > protection of society.
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Reading , Philo taught that in the case of those who vowed not merely property but their own selves, the law affixed a price to their vows, not having regard to the vower's beauty, importance, or anything of the kind, but treating each individual alike (separating men from women, and infants from the fully grown). Philo interpreted the law to set this ransom with equality for three reasons: (1) The importance of a vow is equal whether it was made by a person of great or of little importance. (2) Those who have made a vow should not be exposed to the treatment of slaves, who were valued according to the condition and beauty of their bodies. (3) Most importantly, while people value inequality, God honors equality.
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Under the Act, a registered medical practitioner may perform an abortion on request in the first 22 weeks of pregnancy. A more advanced pregnancy may be terminated only after a second registered medical practitioner has been consulted and agrees that the abortion should be performed having regard to all medical circumstances; the woman's current and future physical, mental and social circumstances; and any relevant professional abortion standards and guidelines. There is an exception allowing a post-22 week pregnancy to be aborted if the woman's life is at risk, or in the case of a multiple pregnancy, another unborn child's life. A health practitioner who fails to comply with the requirements may face professional disciplinary action from the relevant professional regulator rather than criminal proceedings.
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However, people may be appointed as District Judges and Magistrates if they have been for not less than five years and one year respectively qualified persons as defined in the Legal Profession Act, and the Chief Justice, having regard to their qualifications and experience, is of the opinion that they are suitable to be appointed: SCA, ss 9(3A) and 10(3). The Registrar, Senior Deputy Registrar and Deputy Registrars are generally also required to be qualified persons within the meaning of the Legal Profession Act, although they are not required to have that status for any minimum period of time. However, the Chief Justice may, in his discretion, appoint any person who is not a qualified person under that Act.SCA, s. 12(2).
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The terms of reference of the commission was: To examine, "the principles that should govern the emoluments structure including pay, allowances and other facilities/benefits, in cash or kind," of civilian employees of the central government (33.02 lakh); and of the Defence forces (13,86,171) The term of reference specific to the consideration of armed forces pay, pension, and rank structure reads: "having regard to the _historical and traditional parities,_ with due emphasis on the aspects unique to these personnel". The term historical and traditional parities is neither examined or defined by the commission in the report. It is however frequently referred to by the commission, including in justifying its recommendations affecting the armed forces. See for instance, the commissions justifications in paragraphs 5.2.
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In Italy, The move to Phase 3 was established by Art.40 of Legislative sl. Decree N.82 of 7 March 2007, Code of Digital Administration (CAD), entitled “Creation of electronic documents”, which states: “Public Administrations make the original copy of their documents with electronic means, according to the provisions of the present Code and the technical specifications of Article 71”. Exceptions are extremely rare: Comma 3 states: by means of appropriate regulations.... , proposed by the delegated Ministers for Public Functions, Innovation and Technology and the Minister for Cultural Heritage and Activities, the categories of administrative documents that can be created on paper in original are identified, having regard to the special historical and archive value they will have by nature” (think, for example, of the resignation of a President of the Republic).
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He said that: > "The conclusion to be drawn is that the parliament intended that in the > field of exclusion, entry and expulsion of aliens the Act should operate to > the exclusion of any executive power derived otherwise than from powers > conferred by the parliament. This conclusion is all the more readily drawn > having regard to what I have concluded about the nature and the uncertainty > of the prerogative or executive power asserted on behalf of the > Commonwealth." As such, there was no non-statutory power to detain the rescuees, and the Government had not even attempted to rely on any statutory power in this case. Black agreed with Judge North's original conclusion that the rescuees were on the facts detained, and as such, he agreed with North's orders to release the rescuees.
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The State submitted that the funding agreement was void for illegality, and that the plaintiffs were asking the Court to vary the scope of the offences and torts of maintenance and champerty, which was not within the jurisdiction of the Court. Ms. Justice Donnelly (High Court) refused to grant the desired declaratory relief to the plaintiffs. The Court held that it was well-settled law that third-party litigation funding agreement in return for a share of the proceeds where the third party had no independent or bona fide interest constituted an abuse of process.The Court opined that it was for the appellate court to adopt the modern outlook on the concept of propriety having regard to the changing ideas on public policy and not the High Court.
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The workplaces to which the act applies are, first, " factories " and " workshops "; secondly, laundries, docks, wharves, &c.;, enumerated above as introduced and regulated partially only by the act of 1895 and subsequent acts. Apart from this secondary list, and having regard to workplaces which remain undefined by the law, the act may broadly be said to apply to premises, rooms or places in which manual labour, with or without the aid of mechanical power, is exercised for gain in or incidental to the making, altering, repairing, ornamenting, washing, cleaning or finishing or adapting for sale of any article or part of any article. If steam, water or other mechanical power is used in aid of the manufacturing process, the workplace is a factory; if not, it is a workshop.
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The Assessment noted the presence of Sydney cockle and whelk shells on the surface elsewhere on the site, but in the context of building debris, and likely to have been moved downhill (by erosion or other disturbance). The Assessment indicated that "the rock shelter was probably the focus of midden making/consumption activity in the landscape", and therefore a curtilage from the rear boundary would include "all possible locations at the front of the shelter where intact deposit may be located sub-surface". Having regard to the painted stencils, the 2005 Assessment recorded what is possibly a third foot stencil. The Assessment noted that the site "would benefit from a detailed recording (including hand and foot stencil measurements and proper description, and the relationship between the motifs being recorded)".
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On 31 October 2001 Supreme Court Justice Greg James sentenced Kanaan to two terms of life imprisonment plus 25 years imprisonment in relation to the malicious wounding of Singleton, with no non- parole period set. Notably, all three sentences were the maximum possible sentences for the relevant offences. Justice James noted that "I am firmly of the view that, having regard to the multiplicity of the offences, the two killings, in the context of the wounding of Mr Singleton, and also the total culpability of the offender for the three offences, the sentence of life imprisonment for each of the murders is the only appropriate sentence". On 6 June 2002 a Supreme Court jury convicted Kanaan, along with Mawas and El- Assaad in relation to the murder of Karam.
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Section 11(e) provides that The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused will ... commit a criminal offence or interfere with the administration of justice". Chief Justice Lamer, for the majority of the Supreme Court, found that the "public interest" component violated the accused right not to be denied reasonable bail under section 11(e) of the Charter and could not be saved under section 1. He ordered the words "in the public interest" be declared of no force or effect.
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Higgins J agreed with the principle, but having formulated the questions stated for consideration, disagreed that the questions were abstract or hypothetical. Higgins J did accept that some of the questions could not be categorically answered as the involved cinsideration of facts that had not been determined. Fundamental to the judgment of Griffith CJ was the doctrine of reserved powers, stating "pl. xxxv. is to be construed having regard to the rest of the Constitution, and particularly with reference to the doctrine repeatedly laid down by this Court that any invasion by the Commonwealth of the sphere of the domestic concerns of the States appertaining to trade and commerce is forbidden except so far as the invasion is authorized by some power conferred in express terms or by necessary implication".
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"Seaworthiness" is defined both by common law and by statute. In McFadden v Blue Star Lines [1905] 1 KB 607 it was stated that, to be seaworthy, a vessel must have the degree of fitness that an ordinarily careful and prudent shipowner would require his vessel to have at the commencement of a voyage, having regard to all possible circumstances. And the Marine Insurance Act 1906 s 39(4) provides that "a ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the adventure insured." In the Hong Kong case, the issue was not whether the unseaworthiness was "serious" or "minor"; rather the question was whether the undoubtedly serious unseaworthiness had had an effect sufficiently grave to allow the charterer to repudiate.
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Where a credit reporter holds credit information, the individual concerned is entitled to both request correction of the information; and to request that there be attached to the information a statement of the correction sought but not made. A credit reporter that holds credit information must, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading. With regards to disputed debts, the Code requires the credit reporter at the very least flag it on its database as "disputed" (but still listed). Alternatively, the Credit reporter can remove the bad debt listing altogether.
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This is because the lighter and more flexible the tip, the more sensitive and accurate the bite detection it provides. One of the basic skills in quiver tip fishing is selecting the correct weight of the tip to match the target fish, having regard to the type of water and the prevailing weather conditions. For example, if British roach are being targeted on a stillwater in flat calm conditions, a quiver tip of a test curve of no more than an ounce would be a good choice. Alternatively, fishing for a strong aggressive fish like the British barbel in a fast-flowing river would require a heavier tip, possibly of three ounces or more - a lighter tip would be permanently bent round by the flow of the water, eliminating bite detection, and playing a strong fish would probably break it completely.
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On 17 January 2020, the Rt Hon Sir Andrew McFarlane handed down a further judgment, subject to a four-hour embargo ending at 4 pm on 5 March 2020. This judgment focused upon analysing certain matters of international law and domestic law arising from, firstly, assurances given to the court on behalf of the Government of the UAE and the Emirate of Dubai and, secondly, a waiver of immunity made by Sheikh Mohammed, as vice-president and Prime Minister of the UAE and Ruler of Dubai, with respect to applications and orders made within the proceedings. The assurances essentially promised that the Sheikh would obey orders of the English court; the waiver of immunity was necessary because of the immunity enjoyed by the Sheikh having regard to his various positions. Both the assurances and the waiver were found inadequate by the High Court.
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Leo refused to agree to moving the archiepiscopate to London, but in the same letter he agreed that Eadberht's previous ordination made him ineligible for the throne:Whitelock, English Historical Documents, 205, p. 793. > And concerning that letter which the most reverend and holy Æthelheard sent > to us ... as regards that apostate cleric who mounted to the throne ... we > excommunicate and reject him, having regard to the safety of his soul. For > if he should still persist in that wicked behaviour, be sure to inform us > quickly, that we may [write to] princes and all people dwelling in the > island of Britain, exhorting them to expel him from his most wicked rule and > procure the safety of his soul. This authorisation from the Pope to proceed against Eadberht was delayed until 798, but once it was received Coenwulf took action.
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The court held that the order made in this case did not mean that the relevant provisions of the Intestate Succession Act were fixed rules that had to be applied regardless of any agreement by all interested parties that the estate should devolve in a different way. The spontaneous development of customary law would continue to be hampered if this were to happen. The Intestate Succession Act did not preclude an estate devolving in accordance with an agreement reached among all interested parties, but in a way that was consistent with its provisions. Having regard to the vulnerable position in which some of the surviving family members might find themselves, care had to be taken to ensure that such agreements were genuine and not the result of the exploitation of the weaker members of the family by the strong.
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There was a 'large square block of stabling' (for 15 horses); a six booth coach house; barn; cowsheds; bailiff's cottage; bothy; potting sheds; 'good' greenhouses; two walled gardens; five pairs of freehold cottages (three at Shrubs Hill and two at Knowle Hill); two lodge cottages; and a gardener's cottage. In an Affidavit sworn 23 January 1923 in the High Court of Justice Chancery Division before Mr. Justice Eve, re. Challoner's Settled Estate, Rodolph wrote: :'As regards paragraph eight my view is that having regard to the proposed developments there will shortly be little to choose between Dawley and Portnall in respect of destroyed amenities'. Comparison in 2008 of the fate of the land around Dawley, Middlesex, just south of Hillingdon towards Heathrow, with the present state of the Wentworth Estate would show that to have been a miscalculation.
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Australia in the War of > 1939–1945, Series 4 (Civil), Volume II – The Government and the People, > 1942–1945, p. 337 On 5 January 1943 the Federal Conference of the ALP passed the following compromise resolution: > That, having regard to the paramount necessity of Australia's defence, the > Government be authorised to add to the definition of the territories to > which the Defence Act extends the following words: ‘and such other > territories in the South-west Pacific Area as the Governor-General proclaims > as being territories associated with the defence of Australia’. National > service and war, 1939–45 – National Archive of Australia Fact sheet 162 War Cabinet approved a bill to give effect to the motion on 26 January 1943. The bill provided for the use of Australian conscripts in the South-Western Pacific Zone (SWPZ) during the period of war.
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Elias LJ held that the inclusion of the extra members was a trivial mistake, and excusable. It was necessary to read all the words of the statute, especially TULRCA 1992 section 226A, so that the union was required only to provide information ‘so far as reasonably practicable is accurate at the time it is given having regard to the information in the union’s possession’. Elias LJ gave the leading judgment, with the following introductory obiter dictum.cf Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1942] AC 435, 463, the "right of workmen to strike is an essential element in the principle of collective bargaining" per Lord Wright and Morgan v Fry [1968] 2 QB 710, 725, 'It has been held for over 60 years that workmen have a right to strike...' per Lord Denning MR Etherton LJ and Mummery LJ concurred.
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At the time of the introduction of domestic video recorders in the United Kingdom during the 1970s, there was no legislation specifically designed to regulate video content, apart from the Obscene Publications Act 1959 which had been amended in 1977 to cover erotic films. Major film distributors were initially reluctant to embrace the new medium of video for fear of piracy and the video market became flooded with low-budget horror films. Whilst some of these films had been passed by the British Board of Film Censors (BBFC) for cinema release, others had been refused certification which effectively banned them. The Obscene Publications Act defined obscenity as that which may "tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it".
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Therefore, the general principle of European Union law of proportionality is often considered as the most far- reaching ground of judicial review and of particular importance in public law cases. However, because the proportionality concept potentially concerns the merits of a measure, European judges may defer to the choice of the authority which has adopted the measure, or make what are frequently political decisions. In Fedesa the European Court of Justice explained that "it must be states that in matters concerning the common agricultural policy the Community legislature has the discretionary power which corresponds to the political responsibilities given to it by... the Treaty. Consequently, the legality of a measure adopted in that sphere can be affected only if the measure is manifestly inappropriate having regard to the objective which the competent institution is seeking to pursue...".
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It may also be read at a central location in a town or village. The most recent proclamation was as follows: Though proclamations have been worded broadly the same, they also vary as necessary. In the case of Victoria, certain words were included (having regard to section 2 of the Regency Act 1830 prescribing the Oath of Allegiance) which expressly reserved the rights of any child of the late king, William IV, which might be borne to his widow, Adelaide of Saxe- Meiningen. In the case of George VI, the proclamation was reworded because Edward VIII had abdicated, rather than died, and "Emperor of India" was added at the end of the list of titles until that title was relinquished by George VI. The proclamation has been ceremonially read out in various locations around the United Kingdom.
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The European Court of Justice held it was up to the Industrial Tribunal to determine whether art 2(2) (now art 14) applied ‘having regard to the specific duties which [Ms Johnston] is required to carry out’ Referring to 'article 2(2) of the Directive, it should be observed that that provision, being a derogation from an individual right laid down in the directive must be interpreted strictly.’ However, looking at the context it cannot be excluded that there would be more risks if policewomen carried firearms. So that may be a determining factor, and if so the member state can place a restriction, which need periodic review under art 9(2). There must also be proportionality so ‘derogations remain within the limits of what is appropriate and necessary for achieving the aim in view and requires the principle of equal treatment’.
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The 7CPC was constituted against the background of the protracted public protest by ex-servicemen, including by senior officers, that started following the 6th CPC in 2008. These protest highlighted the perceived neglect of the armed forces on matters affecting their pay, pension status, levels, especially in comparison with police officers, and defence civilians, who were granted time bound promotions to the highest ranks, Non Functional Upgrade (NFU), and One Rank, One Pension (OROP) by the UPA Government. To address the dissatisfaction in the armed forces over pay and allowances, the government added an additional term of reference(TOR), not included 5th and 6th Pay Commission, that enjoined the 7th CPC, "to review the principles and structure of emoluments of defence service personnel having regard to the historical and traditional parities". The government did not agree to Armed Forces representation in the CPC.
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Justice Burnton also stated that: "...a government may lawfully decide to restrict the payment of benefits of any kind to those who are within its territorial jurisdiction, leaving the care and support of those who live elsewhere to the governments of the countries in which they live. Such a restriction may be based wholly or partly on considerations of cost, but having regard to the wide margin of discretion that must be accorded to the government, I do not think it one that a court may say is unreasonable or lacking in objective justification". para 73. Justice Burnton concluded that the decision as to whether expatriate UK pensioners received state pension benefits (including any annual increases) was a political decision, rather than a judicial one and he therefore dismissed the case, but he gave leave to appeal.
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The defendant then struck the deceased with an axe which was an accident of availability. Psychiatric evidence was that his consumption of alcohol was involuntary and that he suffered from a number of other psychiatric conditions which, independently of the effects of the alcohol, might have caused the loss of self-control and induced him to kill. Lord Nicholls said: :Whether the provocative acts or words and the defendant's response met the 'ordinary person' standard prescribed by the statute is the question the jury must consider, not the altogether looser question of whether, having regard to all the circumstances, the jury consider the loss of self-control was sufficient excusable. The statute does not leave each jury free to set whatever standard they consider appropriate in the circumstances by which to judge whether the defendant's conduct is 'excusable'.
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There is also a duty under section 173 to exercise independent judgment and the duty of care in section 174 applies to the decision making process of a director having regard to the factors listed in section 172, so it remains theoretically possible to challenge a decision if made without any rational basis.cf Regentcrest plc v Cohen [2001] 2 BCLC 80 Only registered shareholders, not other stakeholders without being members of the general meeting, have standing to claim any breach of the provision. But section 172's criteria are useful as an aspirational standard because in the annual Director's Report companies must explain how they have complied with their duties to stakeholders.CA 2006 s 419 Also, the idea of whether a company's success will be promoted is central when a court determines whether a derivative claim should proceed in the course of corporate litigation.
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It seems that under the Nigerian Penal Code, for a witness to be prosecuted for giving false evidence, his testimony must be required by law to be on oath and, such testimony may be verbal or otherwise. But having regard to section 36 of the same Penal Code as noted earlier, evidence given under an affirmation or solemn declaration is also regarded as evidence given on oath. In interpreting the term ‘By an oath’ under section 191 of the Indian Penal Code, which has same wording with section 156 of the Penal Code, Thakore and VakilThakore, Dhirajlal Keshavlal and Vakil, Manharlal Ratanlol: The Law of Crimes (Bombay: The Bombay Law Reporter (Private Ltd: Calcutte: India, 1956) (19th edition), p.464. apparently referring to an Indian court's decision, argued that an oath or solemn affirmation is not a sine qua non to the offence of perjury or giving false evidence.
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In the landmark judgement in the Ashok Chavan case in the case of inaccurate electoral rolls in the 2009 election, the Election Commission held - "Para 94 - Having regard to the totality of the circumstances mentioned above relating to the publication of the aforesaid 25 advertisements in various newspapers referred to above, the Commission is of the considered view that respondent cannot validly claim ignorance about the publication of the abovementioned 25 advertisements in which his name, the name of his constituency and also his photograph prominently appeared. " Thus Ashok Chavan was issued a show-cause notice for disqualification in the above case. This sets a bench-mark for accurate election reporting, and the Election Commission, under Sampath, for the first time, took the pathbreaking decision of moving towards disqualification of a politician for inaccurate reporting of poll expenses. The matter is now in appeal in the Delhi high Court.
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There "can be no doubt," the court held, that the large amounts involved, together with the persistent falsification of balance sheets and bills "for so long a period," as well as the incurring of vast debts knowing that the company was insolvent, "call for a very heavy sentence."540H. The suggestion that the vigilant shipper should have realised that the company's borrowing was excessive, having regard to its turnover, "does not [...] carry much weight."540H-541A. As for Zinn's obligation to pay an ostensibly "crippling" interest rate, this "also carries very little weight, if any."541A. Although the rate of interest had indeed been "high," Zinn had paid it "voluntarily, and persistently, and he knew that he had obtained by fraud the capital in respect of which he had to pay the interest."541A-B. Of considerably more weight was Zinn's age, which "undoubtedly requires consideration."541B.
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The appeal was dismissed. # A servitude right to park could be constituted as ancillary to a servitude right of vehicular access if it was necessary for the enjoyment of the servitude of access. # The express grant of a right of access had to be construed in the light of the circumstances that existed when it was granted in 1973, but it was not necessary for it to be shown that all the rights that were later claimed as necessary for the comfortable use and enjoyment of the servitude were actually in use at that date. It was sufficient that they might be considered to have been in contemplation at the time of the grant, having regard to what the dominant proprietor might reasonably be expected to do in the exercise of his right to convenient and comfortable use of the property, Ewart v Cochrane (1861) 4 Macq.
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The Commission was asked to make the following recommendations: # Grants-in-Aid to certain States, in need of assistance under Article 275, having regard to the requirements of Second Five Year Plan and the efforts made by those states to raise additional revenue. # Allocation of Estate Duty and Tax on Railway Passenger Fares proposed to be levied by the Railway Passenger Fares Bill, 1957, introduced in the Lok Sabha on 15 May 1957. # Grants-in-Aid to the States of Assam, Bihar, Orissa and West Bengal, to compensate for their share of the export duty on jute and jute products as per Article 273. # The principles which should govern the distribution under Article 269 of the net proceeds of estate duty in respect of property other than agricultural land, levied by the Government of India in the States within which such duty is leviable.
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However Thailand has not accepted key recommendations affecting migrant and refugee children, such as providing access to legal status for asylum seekers and refugees; withdrawing reservations to article 22 of CRC; ratification of 1951 Refugee Convention; complying with ICCPR by putting immediate end to arbitrary detention; prohibiting arbitrary arrests and detention including children. In 2016, the Bangkok Post noted the decision by Chiang Rai Juvenile and Family Court has marked the first time a child who was recognised as a refugee by UNHCR, was entitled to protections under section 132(1) of Juvenile and Family Court and Juvenile and Family Case Procedure Act B.E. 2553 [2010] Juvenile and Family Court and Juvenile and Family Case Procedure, Act B.E. 2553 [2010]. which provides counselling services, vocational training and access to education. The decision was made having regard to best interests of the child, regardless of child's immigration status.
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There is also a duty under section 173 to exercise independent judgment and the duty of care in section 174 applies to the decision making process of a director having regard to the factors listed in section 172, so it remains theoretically possible to challenge a decision if made without any rational basis.cf Regentcrest plc v Cohen [2001] 2 BCLC 80 Only registered shareholders, not other stakeholders without being members of the general meeting, have standing to claim any breach of the provision. Section 172's criteria are useful as an aspirational standard because in the annual Director's Report companies must explain how they have complied with their duties to stakeholders.Companies Act 2006, s 419 Also, the idea of whether a company's success will be promoted is central when a court determines whether a derivative claim should proceed in the course of corporate litigation.
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The original township of Maryborough was situated, not in its current place, but on the north of the Mary River, after wharves were established in 1847-8 providing transport for wool from sheep stations on the Burnett River. In 1850 Surveyor, Hugh Roland Labatt, arrived in Maryborough with instructions to "examine the River Mary...to suggest ...the best site or sites for the laying out of the town, having regard to the convenience of shipping on one hand and internal communication on the other...also...point out the spots desirable as reserves for public building, church, quay and for places for public recreation." The site recommended by Labatt was not where settlement was established but further east and from the early 1850s this is where the growing town developed. The Maryborough Cemetery was established in the mid 1870s, and was the third cemetery site in the town.
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Parties may make the formation and performance of their contract conditional upon the occurrence of a specified event that neither party promises to ensure will occur.. If the event does not occur, then one or both parties will be entitled to terminate the contract.. The parties must do everything reasonably in their power to see that the contingent condition is fulfilled.. The time for fulfilment of a contingent condition may be expressly specified in the condition. If no time is specified, the courts will construe the contract as requiring the condition be fulfilled within a reasonable period of time, having regard to the circumstances of the case. In certain contracts, it may be unclear if non-fulfilment of a contingent condition has occurred where there is a subjective requirement in the contract, such as whether one party has achieved "satisfactory finance." If the contingent condition is a subjective fact, parties must act "honestly" or genuinely believe the condition to be true.
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On 28 September, the ICC match referee Ranjan Madugalle chaired the hearing into Inzamam's case and acquitted him of the ball-tampering charge stating, "Having regard to the seriousness of the allegation of ball-tampering [it is an allegation of cheating], I am not satisfied on the balance of probabilities that there is sufficiently cogent evidence that the fielding team had taken action likely to interfere with the condition of the ball" in his official report,Cricinfo – Ranjan Mudagalle's decision in full but banned him for four One Day Internationals for bringing the game into disrepute. Each of the ICC- appointed match officials (Hair, Doctrove, Cowie, Trevor Jesty, Mike Procter, and Peter Hartley) were of the opinion that markings on the ball indicated tampering. However Geoffrey Boycott, testifying before the panel, stated "That's a good ball, not just a playable ball." Another witness, TV analyst Simon Hughes, testified that Hair was "guessing", and the ball was in "pretty good condition", when he examined it.
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The second Royal Commission on the Press was established "to examine the economic and financial factors affecting the production and sale of newspapers, magazines and other periodicals in the United Kingdom, including (a) manufacturing, printing, distribution and other costs, (b) efficiency of production, and (c) advertising and other revenue, including any revenue derived from interests in television; to consider whether these factors tend to diminish diversity of ownership and control or the number or variety of such publications, having regard to the importance, in the public interest, of the accurate presentation of news and the free expression of opinion." This Commission was not concerned with the performance of the Press or with general ethical questions. The members of the commission were appointed by Royal Warrant on 4 March 1961. Lord Shawcross was appointed chairman, with Sir Graham Cunningham, Robert Browning, William Brian Reddaway, and William James Percival Webber as the other members.
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Apart from the general self-defence excuse applicable to any offence involving violent acts, section 5 of the Act sets out specific provisions in relation to criminal damage: a defendant will have "lawful excuse" if :(a) at the time ... he believed that the person ... believed to be entitled to consent to the destruction or damage ... had so consented, or would have consented had they known ..., or :(b) he destroyed or damaged ... the property in question ... in order to protect property ... and at the time ... he believed— ::(i) that the property ... was in immediate need of protection; and ::(ii) that the means of protection ... were ... reasonable having regard to all the circumstances. Section 5(3) of the Act states that it is immaterial whether the defendant's belief is justified as long as it is an honest belief, and therefore creates a subjective test to be assessed by the court or jury. In Chamberlain v. Lindon (1998),Chamberlain v.
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To take stock of the overall experience to date in relation to the operation of the registration system with a view to seeing how the system can be further improved. 3\. Having regard to the lower than expected number of applications from practically trained architects, to review and make specific recommendation on how the registration of practically trained architects can be better encouraged. The AAoI and anyone concerned were invited to make a submission for consideration on or before 10 May 2013 to architectsreview@environ.. Information submitted are subject to the Freedom of Information Acts and may be placed in the public domain. Administrative assistance in relation to this review was provided by the Department of the Environment, Community and Local Government but Garrett Fennell Solicitor's consideration, treatment and report on the issues raised will be prepared in line with the Terms of Reference and independently of the Department and the registration body.
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For detailed information see In December 2009, the Department of Health published directions to NHS bodies concerning the cost of telephone calls made by patients to the NHS: "An NHS body must not enter into, renew or extend a contract or other arrangement for telephone services unless it is satisfied that, having regard to the arrangement as a whole, persons will not pay more to make relevant calls to the NHS body then they would to make equivalent calls to a geographic number." This reiterated the "free at the point of delivery" principle of the NHS and the direction applied to all NHS bodies. In April 2010, the Department of Health introduced new GMS (General Medical Services) contracts so that GPs would now also be covered by the earlier direction. From this point on, the more than 6500 GP surgeries in England and Wales were banned from using phone numbers that "cost more than calling a geographic number", and given one year to comply.
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As a subsidiary argument, the applicants complained under Article 14 taken in conjunction with Article 8 of the Convention that they had been discriminated against on account of their sexual orientation, since they were denied the right to marry. Addressing this part of the complaint, the ECHR pointed out the following: > "Insofar as the applicants appear to contend that, if not included in > Article 12, the right to marry might be derived from Article 14 taken in > conjunction with Article 8, the Court is unable to share their view. It > reiterates that the Convention is to be read as a whole and its Articles > should therefore be construed in harmony with one another. Having regard to > the conclusion reached above, namely that Article 12 does not impose an > obligation on Contracting States to grant same-sex couples access to > marriage, Article 14 taken in conjunction with Article 8, a provision of > more general purpose and scope, cannot be interpreted as imposing such an > obligation either."par.
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In September 2011, the chairman and managing director of Kingfisher Airlines made following disclosure to the Bombay Stock Exchange(BSE); "The Company has incurred substantial losses and its net worth has been eroded. However, having regard to improvement in the economic sentiment, rationalization measures adopted by the Company, fleet recovery and the implementation of the debt recast package with the lenders and promoters including conversion of debt into share capital, these interim financial statements have been prepared on the basis that the Company is a going concern and that no adjustments are required to the carrying value of assets and liabilities" This filing was widely covered by Indian and international print and electronic media and analysts. It was stated by analysts and media that the company needed capital infusion to remain viable and this has pushed shares to near historic lows. Kingfisher Airlines Lenders later stated that they consider that company is viable.
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The European Patent Convention (EPC) refers to the skilled person in and provides for that "an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art". The EPC also refers to the skilled person in , which requires that "[t]he European patent application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art". Still further, the Protocol on the Interpretation of refers to the skilled person. Article 1, 2nd sentence, states that "[n]or should it [Article 69 EPC] be taken to mean that the claims serve only as a guideline and that the actual protection conferred may extend to what, from a consideration of the description and the drawings by a "person skilled in the art", the patent proprietor has contemplated".
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As proposed in the Democratic Party's modified electoral reform package passed in 2010, all appointed seats were abolished in this election. After a review on the number of elected seats for each District Council having regard to the population forecast in mid-2015, the Electoral Affairs Commission proposed to increase 19 elected seats in 9 District Councils: # 1 new seat for in each Tsuen Wan and North District Councils; # 2 new seats for each Sham Shui Po, Kowloon City, Kwun Tong, Yau Tsim Mong and Sha Tin District Councils; # 3 new seats for the Sai Kung District Council; and # 4 new seats for the Yuen Long District Council. The total number of elected seats for the 2015 elections was increased by 19 from 412 to 431. Additionally, the boundaries of the Eastern and Wan Chai Districts were adjusted by transferring the Tin Hau and Victoria Park district council constituency areas from the Eastern District to the Wan Chai District.
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The Second Plenary Council of Baltimore in 1866, likewise states that "it is evidently equitable and just that all the faithful of each diocese should contribute to the support of their bishop, who bears the solicitude for all". As to the determination of the quantity of the cathedraticum, we find the First Provincial Council of Cincinnati requesting Propaganda Fide to sanction some uniform method, but the latter preferred to commit this to the diocesan synods. In the acts of the First Provincial Council of Quebec in 1851, we fine the following scheme "proposed" to Propaganda. It is there said to be similar to that already sanctioned for some bishops in Canada and Ireland: each bishop is to receive a third of the revenues of one or two parishes; or the fourth or fifth part of three or four parishes; or the tenth part of practically all the parishes in his diocese, having regard to the circumstances of each parish.
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The War Committee met (3 November 1916) without Robertson, so Lloyd George could, in Hankey's words "air his views freely unhampered by the presence of that old dragon Robertson". He complained that the Allies had not achieved any definite success, that the Germans had recovered the initiative, had conquered most of Romania, had increased her forces in the East (after increased mobilisation the German Army had increased in size from 169 ½ divisions on 1 June to 197 divisions (of which 70 were in the East, up from 47 ½ on 1 June)) and still had 4 million men in reserve. On this occasion Asquith backed him and the committee's conclusion, which was neither printed nor circulated, was that "The offensive on the Somme, if continued next year, was not likely to lead to decisive results, and that the losses might make too heavy a drain on our resources having regard to the results to be anticipated." It was agreed to consider offensives in other theatres.
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The National-ACT coalition agreement mentioned reviewing the emissions trading scheme and possible alternatives to it, as well as "hear[ing] competing views on the scientific aspects of climate change" and considering whether responding to climate change is economically worthwhile. New Zealand Herald journalist Brian Rudman commented that National's approach was "indulging Mr Hide in his fruitcake views on global warming". However, the final terms of reference, released on 9 December 2008, were to: "identify the central/benchmark projections which are being used as the motivation for international agreements to combat climate change; and consider the uncertainties and risks surrounding those projections". The most economic-oriented term was to: "consider the impact on the New Zealand economy and New Zealand households of any climate change policies, having regard to the weak state of the economy, the need to safeguard New Zealand's international competitiveness, the position of trade- exposed industries, and the actions of competing countries".
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In 1850 Surveyor, Hugh Roland Labatt arrived in Maryborough with instructions to "examine the River Mary...to suggest ...the best site or sites for the laying out of the town, having regard to the convenience of shipping on one hand and internal communication on the other...also...point out the spots desirable as reserves for public building, church, quay and for places for public recreation." The site recommended by Labatt was not where settlement was established but further east and from the early 1850s this is where the growing town developed. In 1854 a hospital had been established in Maryborough in Fort Street, and prior to this the sick and invalided were treated at home by a few medical practitioners who lived in the town. By 1859 a Committee of Management had established another hospital, near the new centre of the town, at the corner of Ferry and Albert Streets, but was moved in 1863 to a site on the corner of Lennox and Walker Streets.
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This question of whether a book had literary merit eventually prompted a change in the law in both America and the UK. In the United Kingdom the Obscene Publications Act 1959 provided for the protection of "literature" but conversely increased the penalties against pure "pornography." The law defined obscenity and separated it from serious works of art. The new definition read: > [A]n article shall be deemed to be obscene if its effect or (where the > article comprises two or more distinct items) the effect of any one of its > items is, if taken as a whole, such as to tend to deprave and corrupt > persons who are likely, having regard to all relevant circumstances, to > read, see or hear the matter contained or embodied in it. After this piece of legislation questions of the literary merit of the work in question were allowed to be put before the judge and jury as in the Lady Chatterley trial.
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In Justice Burnton's opinion, this case in and of itself was enough to rule in the Government's favour. para 43 Justice Burnton also stated: :"...a government may lawfully decide to restrict the payment of benefits of any kind to those who are within its territorial jurisdiction, leaving the care and support of those who live elsewhere to the governments of the countries in which they live. Such a restriction may be based wholly or partly on considerations of cost, but having regard to the wide margin of discretion that must be accorded to the government, I do not think it one that a court may say is unreasonable or lacking in objective justification". para 73 Justice Burnton concluded that the remedy to the "frozen" UK state pension annual increase issue was a political decision and not a judicial one, and, as a result, he dismissed the application, and found in favour of the UK Government.
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The invention in the application under examination related to an "automatic Dutch auction method executed in a server computer". The Board of Appeal first made it clear that: # there are four requirements to be fulfilled for some claimed subject-matter to be patented: "(1) it should be an "invention", and this invention must be (2) new, (3) inventive, and (4) industrially applicable",T 258/03, Reasons 3.1 that # the term "invention" is to be construed as "subject-matter having technical character", and finally that # the "verification that claimed subject-matter is an invention within the meaning of Article 52(1) EPC" must be done before performing the three other tests, i.e. the novelty, the inventive step and the industrial applicability tests. Consequently, and having regard to the structure of the EPC, the Board held that "it should be possible to determine whether subject- matter is excluded under Article 52(2) EPC without any knowledge of the state of the art (including common general knowledge)".
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Mauritian children sat an annual Certification of Primary Education in English, French, maths and environment, to determine their secondary school. Under authority to make examination regulations granted by Mauritius Examinations Syndicate Act 1984 s 4(a), in March 1995 the Minister changed this to include an optional fifth paper in an oriental language, and candidates who did that would have the best two grades considered out of the three languages. Parents of children due for exams in 1995 and 1996 argued the Ministers actions discriminated against their children, compared to those who had already happened to follow a course of study in an oriental language (i.e. on grounds of whether oriental languages were studied). The Supreme Court of Mauritius held that the Minister’s actions, because of short notice, did violate the right to equality in the Constitution ss 1 and 3 (protection of the law, and other rights and freedoms), having regard to the Declaration of the Rights of Man 1793 and the International Covenant on Civil and Political Rights, art 26.
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One option available to governments in the EU is to deny traders their right to deduct input tax using the Kittel principle developed in Court of Justice of the European Union (CJEU) case law. In July 2006, the CJEU handed down its judgment in the case of Axel Kittel & Recolta Recycling SPRL (C-439/04 and C-440/04, issued 6 July 2006) (Kittel). In this case, the CJEU held that a taxable person can lose his right to reclaim input tax where "it is ascertained, having regard to objective factors, that the taxable person knew or should have known that, by his purchase, he was participating in a transaction connected with fraudulent evasion of VAT". It is worth noting that the CJEU had previously clarified, in a decision called Bond House (C-354/03, C-355/03 and C-484/03, issued 12 January 2006), that a taxable person's right to deduct VAT is not affected by the possible fraudulent nature of other transactions in the chain, if the taxable person has no knowledge or means of knowledge of the fraud.
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An ownership interest is based on the value of the unit,Unit Titles Act 2010, s 38 while a utility interest is either the ownership interest or a proportion that is fair and equitable having regard to the costs and benefits of the unit.Unit Titles Act 2010, s 39 The owners in the unit title development must meet yearly to approve the levies, the financial statements,Unit Titles Act 2010, s 132 long term maintenance plan and fund (if any),Unit Titles Act 2010, s 116Unit Titles Act 2010, s 117 approve changes to the body corporate rules (if any),Unit Titles Act 2010, s 106 and the appointment of the body corporate chairman and committee (if any). The body corporate can delegate most of their duties to the committee of the owners.Unit Titles Act 2010, s 108 The body corporate can also enter into service agreements in respect of the administration of the body corporate, usually to a specialist body corporate management firm, and building maintenance, including appointing a building manager.
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Property may be expropriated only in terms of law of general application for a public purpose or in the public interest; and subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.” The Section makes detailed provisions on compensation by stating “The amount of the compensation and the time and manner of payment must be just and equitable, reflecting an equitable balance between the public interest and the interests of those affected, having regard to all relevant circumstances.” The Section sets out the context in which these provisions may be of relevance, in stating “For the purposes of this section the public interest includes the nation's commitment to land reform, and to reforms to bring about equitable access to all South Africa's natural resources; and property is not limited to land. The state must take reasonable legislative and other measures, within its available resources, to foster conditions which enable citizens to gain access to land on an equitable basis.
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The Government Bond Store in Maryborough, one of the earliest brick buildings in the town, was constructed in several stages from 1863. The building served for many years as a store for goods being processed by the adjacent Customs House. The original township of Maryborough was situated, not in its current place, but on the north of the Mary River, after wharves were established there in 1847-8 providing transport for wool from sheep stations on the Burnett River. In 1850 Surveyor, Hugh Roland Labatt arrived in Maryborough with instructions to "examine the River Mary...to suggest ...the best site or sites for the laying out of the town, having regard to the convenience of shipping on one hand and internal communication on the other...also...point out the spots desirable as reserves for public building, church, quay and for places for public recreation." The site recommended by Labatt was not where the settlement was emerging but further east and from the early 1850s this is where the growing town developed.
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Bank of New South Wales in Maryborough, circa 1877 The Maryborough Heritage Centre was built in 1877 as the second purpose-built branch of the Bank of New South Wales in Maryborough possibly to the design of Sydney architect, George Mansfield in conjunction with Queensland architect, James Cowlishaw. The original township of Maryborough was situated, not in its current place, but on the north of the Mary River, after wharves were established in 1847-1848 providing transport for wool from sheep stations on the Burnett River. In 1850 Surveyor, Hugh Roland Labatt arrived in Maryborough with instructions to "examine the River Mary...to suggest ...the best site or sites for the laying out of the town, having regard to the convenience of shipping on one hand and internal communication on the other...also...point out the spots desirable as reserves for public building, church, quay and for places for public recreation." The site recommended by Labatt was not where settlement was established but further east and from the early 1850s this is where the growing town developed.
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46 of the "Act" the Tribunal may confirm a provisional order if satisfied that the defendant has been convicted of an offence arising from substantially the same facts as those constituting the act of violence in respect of which an award of statutory compensation was made. When it confirms a provisional order, the Tribunal may reduce the amount to be paid under the provisional order having regard to: :# the financial means of the defendant, and :# such other matters as are in the opinion of the Tribunal relevant to the determination. Recovery proceedings against convicted persons must be determined in accordance with the rules of evidence and in accordance with the practice and procedure of Local Courts exercising civil jurisdiction in the same way as the determination by a Local Court of an action commenced by way of an ordinary statement of claim within the meaning of the Local Court (Civil Claims) Act 1970 (section 52). An order for restitution is taken to be a judgment of the Local Court in proceedings on a statement of claim and may be enforced accordingly (section 54).
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Part I, Section 3 of the Constitution states that it is “the supreme law of Tuvalu” and that “all other laws shall be interpreted and applied subject to this Constitution”. Section 15 section 15 set out a statement as to how the question whether a law is “reasonably justifiable in a democratic society” is to be addressed. Part II of the Constitution sets out the Principles of the Bill of Rights and the Protection of the Fundamental Rights and Freedoms; with Subdivision B of Part II setting out special exceptions to those rights and freedoms. In particular Section 29 (1) refer states that the “Preamble acknowledges that Tuvalu is an Independent State based on Christian principles, the Rule of Law, Tuvaluan values, culture and tradition, and respect for human dignity.” Section 29 (3) describes the way in which Tuvaluan values may circumscribe freedoms of the individual to acknowledged community values: :(3) Within Tuvalu, the freedoms of the individual can only be exercised having regard to the rights or feelings of other people, and to the effect on society.
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The Base Erosion and Profit Shifting (BEPS) project developed by the OECD and endorsed by the G-20 reached a critical milestone in October 2015, where final deliverables for 15 Actions were presented. Paragraph 48 of Action 6's final deliverable indicated a new wording for the "tie-breaker" relating to non- individuals, whereas it will no longer be automatically determined in the forthcoming revision of the model.Preventing the Granting of Treaty Benefits in Inappropriate Circumstances, Action 6 - 2015 Final Report According to the new wording, the "tie-breaker" will depend entirely on mutual agreement between both countries: > 3\. Where by reason of the provisions of paragraph 1 a person other than an > individual is a resident of both Contracting State, the competent > authorities of the Contracting States shall endeavour to determine by mutual > agreement the Contracting State of which such person shall be deemed to be a > resident for the purposes of the Convention, having regard to its place of > effective management, the place where it is incorporated or otherwise > constituted and any other relevant factors.
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Inferior and Superiore were located near Tursi (Province of Potenza). Acquaborrana was in Abruzzi-Molise, noted as “the loftiest village in the Appenines” having a population of 4,545 inhabitants and is situated on the southern east slope of Monte Mauro which has an elevation of 3,080 ft/ 939 m. Only 35 years earlier, it had only half the number of inhabitants at 2,428. The official proclamation read: The town of Castelluccio Acquaborrana takes the name of Castelmauro UMBERTO I, King of Italy On the proposal of our Minister Secretary of State for Internal Affairs, President of the Council of Ministers; having regard to the resolution of the municipal council of Castelluccio Acquaborrana, dated 25 September 1884, with the request to be authorized to change the current name of the municipality to that of Castelmauro; having seen the municipal law as provincial March 20, 1865, letter A, we have decreed to decree: The Municipality of Castelluccio Acquaborrana, in the province of Campobasso, will change its current name to that of Castelmauro, starting from 1 February 1885.
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Meanwhile, section 282 provided a possible defence for the accused: A person is not criminally responsible for performing... with reasonable care and skill, a surgical operation... for the patient's benefit ... if performing the operation ... is reasonable, having regard to the patient's state at the time and to all the circumstances of the case Surgical operations and medical treatment. Counsel for the accused Michael Byrne QC submitted that the accused was not criminally responsible for the outcomes of surgery performed with the patient's consent, except pursuant to s 288. It was also submitted for the defence that s288 was confined to the act of performing surgery itself, and that no criminal liability could arise from a decision to perform a proposed surgery.. If those submissions had been accepted, three of the four charges against Patel would have been doomed to failure, as criminal negligence committed during the relevant surgeries could not be established. Justice Byrne held that the prosecution could not advance their new case because the fact that the surgery was consented to made it lawful, subject to s288.
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As Article 39A of the Constitution states, the GRC scheme entrenches the presence of minority MPs in Parliament, ensuring that interests of minority communities are represented in Parliament.The Constitution, Art. 39A(1), states: "The Legislature may, in order to ensure the representation in Parliament of Members from the Malay, Indian and other minority communities, by law make provision for ... any constituency to be declared by the President, having regard to the number of electors in that constituency, as a group representation constituency to enable any election in that constituency to be held on a basis of a group of not less than 3 but not more than 6 candidates". Article 39A(1)(a) of the Constitution allows for a maximum number of six MPs for each GRC so as to provide flexibility in ensuring that a GRC with a rapidly expanding population is properly managed.. As the population of a constituency grows, it becomes increasingly difficult for an MP to singlehandedly represent all his or her constituents' views.
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Fines and charges for damage must be "fair and reasonable having regard to all the circumstances of the case", and no contract could make legal a fine which a court held to be unfair to the workman in the sense of the Act. The contract between the employer and workman must either be in writing signed by the workman, or its terms must be clearly stated in a notice constantly affixed in a place easily accessible to the workman to whom, if a party to the contract, a copy shall be given at the time of making the contract, and who shall be entitled, on request, to obtain from the employer a copy of the notice free of charge. On each occasion when a deduction or payment is made, full particulars in writing must be supplied to the workman. The employer is bound to keep a register of deductions or payments, and to enter therein particulars of any fine made under the contract, specifying the amount and nature of the act or omission in respect of which the fine was imposed.
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In the introduction to the 2nd Volume of The Nature of Existence, he says: > Starting from our conclusions as to the general nature of the existent, as > reached in the earlier Books, we shall have to ask, firstly which of these > characteristics can really be possessed by what is existent, and which of > them, in spite of the primâ facie appearance to the contrary, cannot be > possessed by anything existent (1927: sect. 295). And he continues: > It will be possible to show that, having regard to the general nature of the > existent as previously determined, certain characteristics, that we consider > here for the first time, cannot be true of the existent (1927: sect. 298). As Ingthorsson notes, the most central result of McTaggart's earlier inquiry into the general nature of the existent in Absolute Reality, an inquiry McTaggart claims is based entirely on a priori arguments (i.e. such as do not rely on any empirical observations), is that existence and reality coincide and have no degrees: either something exists and thus is real, or it does not.
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Pursuant to Article 52(1) in conjunction with Article 56, first sentence, EPC, European patents shall be granted for inventions which, among other things, involve an inventive step, that is, the invention, having regard to the state of the art, must not be obvious to a person skilled in the art. The Examining Divisions, the Opposition Divisions, and the Boards of Appeal of the EPO almost always apply the "problem-solution approach" in order to assess and decide whether an invention involves an inventive step. The approach consists in: # identifying the closest prior art, the most relevant prior art, or at least a realistic starting point; # determining the objective technical problem, that is, determining, in the view of the closest prior art, the technical problem which the claimed invention addresses and successfully solves; and # examining whether or not the claimed solution to the objective technical problem is obvious for the skilled person in view of the state of the art in general. This last step is conducted according to the "could-would approach".
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A London Fire Brigade station at Romford In 2002, Professor Sir George Bain was asked by the government to conduct a wide- ranging review of the fire service in the UK. His report, the Independent Review of the Fire Service, led to rapid changes to fire and rescue services, and was the basis of what eventually became the Fire and Rescue Services Act 2004. Bain's terms of reference were described in September 2002 as follows: "Having regard to the changing and developing role of the Fire Service in the United Kingdom, to inquire into and make recommendations on the future organisation and management of the Fire Service..." Bain's report was unpopular with firefighters, and a long period of industrial action started in 2002 and continued until 2003 when a new pay and conditions package was put together. One of the areas identified by Bain as being in need of modernisation was FRS approach to fire prevention and community fire safety. There is now more emphasis on fire prevention and providing public information coupled with encouraging businesses and individuals to take responsibility for providing a risk assessment of businesses — which became law in October 2006.
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The Privy Council rejected the attempts to distinguish Donoghue v Stevenson, stating "No distinction however, can be logically drawn for this purpose between a noxious thing taken internally and a noxious thing applied externally", and that "The decision in Donoghue's Case did not depend on the bottle being stoppered and sealed: the essential point in this regard was that the article should reach the consumer or user subject to the same defect as it had when it left the manufacturer." The judgment took a narrow approach to its expression of the duty of care, limiting it to (1) manufacturers of goods, (2) the presence of deleterious chemicals could not be detected by any examination that could reasonably be made by the consumer, and (3) the risk is known to the manufacturer and unknown to the consumer. An appellant who seeks to disturb a decision as to the facts must show the decision was wrong, having regard to the advantage of the trial judge of seeing and hearing the witnesses. In this case the Privy Council was not satisfied that the trial Judge was wrong.
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Rumpff JA conceded in his judgment (Steyn CJ and Ogilvie Thompson JA concurring) that it was true that there was no evidence that many employees had been thrown out on to the streets because of the collapse of the company. If, however, it was realised that Beyers's remarks had been made, "in reply as it were," to the suggestion that those who suffered most were "loan sharks," the reference to "thousands of little men" must have been intended to "emphasise the potential damage that could be caused, by the type of fraud committed by the appellant, to employees of furniture manufacturers."540B-C. The reference to Zinn as a man, no longer young, who "spits blood from his bronchial tubes," was the only reference in Beyers's judgment on sentence to Zinn's age and malady. Having regard to the context in which the reference was made, Rumpff was "driven to the conclusion that the learned Judge-President considered the crimes committed to be of such magnitude that, if any weight were given to the personal circumstances of the appellant, business and industry in the whole of Cape Town would come to a disastrous end."540D-E.
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The former Maryborough Customs House and associated residence was constructed in 1899 to the design of Queensland Department of Public Work's architect, John Smith Murdoch. The building replaced an earlier customs house and residence constructed in the 1860s. The original township of Maryborough was situated, not in its current place, but on the north of the Mary River, after wharves were established there in 1847-8 providing transport for wool from sheep stations on the Burnett River. In 1850 Surveyor, Hugh Roland Labatt arrived in Maryborough with instructions to "examine the River Mary...to suggest ...the best site or sites for the laying out of the town, having regard to the convenience of shipping on one hand and internal communication on the other...also...point out the spots desirable as reserves for public building, church, quay and for places for public recreation." The site recommended by Labatt was not where the settlement was emerging but further east and from the early 1850s this is where the growing town developed. With the separation of Queensland from the colony of New South Wales in 1859, Maryborough was declared a Port of Entry and a sub collector was appointed.
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The court held that, having regard to the fact that the contract of lease was subject to the suspensive condition contained in clause 15(i), and therefore imperfectum or inchoate until the condition was fulfilled, the real right of the bank as mortgagee, created by the registration of the mortgage bond over the premises, ranked in preference to the real right of the second respondent as lessee. The second respondent's right was deemed to have come into existence retroactively or in accordance with the fiction of retroactivity, but it was not established until the suspensive condition had been fulfilled: Until then it was uncertain, whereas the bank's right as mortgagee was firmly and certainly established when the bond was registered. As the rights of the bank, as a third party in relation to the lease, were not prejudiced by the retroactive operation of the lease brought about by the fulfilment of the suspensive condition, the consequences of a lease subsequent in time to the mortgage bond followed. As the highest bid, when the premises were sold in execution, did not cover the mortgage debt, the property was correctly sold free of the lease.
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